5 Reasons to Hire a Birth Injury Attorney
Delivering a child can be one of the most impactful moments of your life. Even with the pain and discomfort that accompanies childbirth, it remains a beautiful and exciting event.
While every pregnancy and delivery come with some risks for the expecting mother and child, many of these can be mitigated by an experienced medical team. Unfortunately, in some cases medical mistakes are made that can affect the health of the child, causing a birth injury.
Birth injuries can occur for a variety of reasons. Many cannot be prevented – the child can become lodged in the birth canal or other difficulties can happen that cut off the oxygen supply to the infant. However, there are instances when the birth injury is directly caused by a mistake made by the delivery team. When this is the case, you may need to hire a birth injury attorney to fight for you and your child’s rights for compensation to pay for medical expenses and other costs associated with the injury.
If a child is injured during the birthing process, he can have a lifetime of medical issues and limitations caused by their injury. Some common issues include Erb’s Palsy, cerebral palsy and different types of brain damage and learning disabilities. If the injury was preventable and caused directly by a mistake made by the medical delivery team, this can be a case of medical malpractice. Here a five indications and reasons to hire a birth injury attorney if your child was harmed during childbirth.
Delayed Response to Fetus Distress
One of the reasons birth injuries occur due to medical malpractice is delayed response to fetus distress. It is expected that the medical team will monitor the fetus to determine if there is distress and react if there are signs the baby is in trouble. If medical response is delayed, this can result in lack of oxygen or other factors that can affect the health of the child. For parents with a child born with brain damage or other injuries after a delayed response to fetus distress during delivery, it is worthwhile to consult with a birth injury lawyer.
Injuries from Delivery
If a birth injury is caused by an umbilical cord or the child becoming lodged in the birth canal during delivery, there are cases where this could be medical malpractice. While situations occur during delivery that cannot be prevented, it can be reasonably expected that the medical team should be monitoring the size and position of the child. If the delivery team did not prepare properly for a larger infant or the position of the umbilical cord that resulted in a birth injury, it is a good idea to hire a medical malpractice attorney to explore your case.
Injuries from Forceps or Vacuum Extractor
When a child is being removed from the birth canal, often forceps or a vacuum extractor can be used by the delivery team. This is often referred to as an assisted delivery and should be performed by a highly-trained medical professional. If these devices are used incorrectly, it can cause brain hemorrhaging or other issues that can impact the health of the child. This can lead to brain and head damage that can have long-term health effects, which can be a case for a birth injury attorney.
Delayed Cesarean Delivery
There are times when a fetus needs to be delivered by cesarean, or C-section, to avoid injury to the child or mother. It is the responsibility of the medical delivery team to carefully monitor the fetus during labor to determine whether it is in distress and may need to be delivered quickly through cesarean to avoid harm. Delaying a cesarean delivery when it is needed can result in lack of oxygen to the fetus, causing brain injuries or even death. When this delay should have been prevented and the child is injured, it may be a case of medical malpractice.
Your Child is Suffering from a Birth Injury
Even if you are not sure what went wrong during delivery, but your child has a birth trauma injury, it may be worth consulting a birth injury attorney. Often physicians and medical facilities will try to cover up their mistakes and will not admit there was a mistake that occurred. In many cases, it is the birth injury attorney that uncovers the evidence that there were mistakes made that lead to the birth injury.
Louisiana Birth Injury Attorneys
At Nelson & Hammons, we focus our practice on investigating and pursuing meritorious medical malpractice claims. If you believe your child was injured during childbirth due to medical negligence or malpractice, we are here to explore your options to receive compensation for medical expenses and care for your child. Contact us today to schedule a free consultation to discuss your case at either our Shreveport or Lafayette office.