Babies are vulnerable to injuries during delivery, so it’s up to the doctors, nurses, surgeons, and other healthcare providers to take extra care during this process. However, there are times where a medical professional makes a critical mistake during the delivery of a baby which ends up inflicting a serious injury. These birth injuries can greatly affect your baby’s life as he/she grows.
Most Common Types of Birth Injuries
It’s important to know the types of birth injuries that could be inflicted on your baby during the delivery. Knowing these will help you when filing a claim or lawsuit against the medical professional that caused the birth injury to your baby.
- Brachial plexus injuries. This is a type of injury that involves the network of nerves that serves the shoulder, arm, and hand. The damage is usually caused by a problem in delivering a baby’s shoulder, often called as shoulder dystocia.
- Cerebral palsy. Cerebral palsy refers to several types of brain injuries that can occur during labor and delivery. A child suffering from this injury often has problems with muscle control, poor vision, limited movement, and may have learning disabilities.
- Erb’s palsy. This type of injury occurs when a baby’s shoulder is stuck behind the mother’s pubic bone during childbirth, which leads to severe nerve damage.
- Hypoxia. This type of injury occurs when a baby is not getting enough oxygen during the delivery process.
There are still a lot of birth injuries that your baby may suffer from during the delivery process. If you believe your child has suffered a birth injury that was caused by medical negligence, you should consult a medical malpractice lawyer to learn more about your rights.
Legal Actions to Take When Your Baby Has Birth Injury
If you correctly identified the birth injury on your baby that was caused by medical negligence, you have the right to make some legal actions against the healthcare professional that supervised the delivery.
1.) Don’t wait too long before you act if you’re thinking about filing a lawsuit.
You need to keep in mind that the statute of limitations for filing a claim or lawsuit against medical malpractice or negligence, differs in every state. You mustn’t wait for your to baby to become a child to file a claim or lawsuit. Because the longer you wait, the more you’ll likely miss your opportunity.
2.) Monitor the growth of your baby, especially if you think he/she has suffered a birth injury.
You can watch the developmental stages of your baby to check if your baby does have a birth injury. And if your baby misses an important developmental stage, you may consider evaluation to find out if the birth injury is at fault.
3.) Be sure to keep medical records of your baby.
Be sure to keep copies of your baby’s medical records. Also, make sure that you have a complete picture of your baby’s medical history and current medical status. It’s important to keep a record of your baby’s medical history and current medical condition as it can help dictate the outcome of successful treatment.
4.) Never undervalue your case.
Even a small birth injury can have a significant impact on your baby’s life. You are not pursuing a lawsuit because you want the medical professional who made a critical mistake to be punished. You are filing a lawsuit because you want the best medical care and treatment for your baby. So by no means, don’t ever think of you are wasting your time and effort for filing a case.
5.) Prove who’s legally responsible for the birth injury.
To prove legal liability, you must establish a connection between your baby’s birth injury and the medical malpractice or negligence made by the healthcare professional who oversaw your delivery. Now, this will require an in-depth investigation to collect the necessary documents and evidence especially expert testimonies from the healthcare professionals that supervised your delivery.
6.) Consult an attorney.
Consulting with a birth injury lawyer is one of the most important legal actions you can take when thinking about filing a claim or lawsuit. A birth injury or medical malpractice attorney can help you understand the whole legal process and tell you what other legal options that are worth considering.
An expectant mother always does their best to take care of themselves so that they can give birth to a healthy baby. But all of your best efforts could be put to waste if the doctor made a mistake during delivery that inflicted injuries on your baby. Should this happen to you and your baby, know that you have the right to take legal actions against the incompetent medical professionals.
Disclaimer: This article is for informational purposes only and should not be considered as legal advice. For straight-up legal help in these matters, do consult an experienced medical malpractice attorney.
Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.