Childbirth can be traumatic for both mother and baby. It is natural for complications to arise during the birthing of a baby. However, there are certain procedures and occurrences that fall under the umbrella of malpractice. Long-lasting defects can occur during the process of labor and delivery. If you have had a fairly uneventful pregnancy and something goes wrong in the delivery room, you may have a case for malpractice.
It is important to understand the difference between malpractice and complications that occur that are out of the control of the hospital staff. It is understandable that you will want answers and justice for your little one, but your potential case depends on whether there was clear negligence involved in the delivery of your child. There are a number of common mistakes that are made by doctors, which typically constitute a form of negligence.
Use of Forceps or Vacuum Extractor
If forceps or vacuum extractors are used forcibly, it can result in brain damage to a child. Your yet-unborn child’s head is soft and excessive use of these instruments may put pressure on the brain and result in lesions. All medical practitioners involved in delivering a baby should know how to operate forceps and/or vacuum extractors and should therefore exercise due care and attention when bringing a new life into the world.
Signs of Fetal Distress
For both mother and baby, childbirth is a strenuous experience. It is therefore normal for one or both people to become distressed during labor. However, it is the job of the attending doctor to monitor distress levels and act accordingly. If you were left to fend for yourself even when it was clear that your baby was in distress, and an injury resulted, you may have a case for medical malpractice because the medical practitioners were not adequately monitoring your baby.
Larger Babies, Tougher Deliveries
It goes without saying that the larger the baby, the tougher the labor. While that is a universally accepted idea, doctors can still make mistakes when delivering larger babies. How your medical practitioner copes with your delivery is important, regardless of the size of the baby. She or he should ensure that medical science is at the forefront of all their decisions. Failing to follow proper protocols for larger babies can be a neglect of duty.
A competent doctor will know when a C-section is needed. This procedure is usually only carried out in the middle of an active labor if there is an emergency. Failing to act on the signs that a baby is in a position where a C-section is warranted is negligence. In these instances, the mother may have a case for malpractice – especially if the baby develops defects as a result of the delay.
If you are given contaminated medications, medications are not prescribed correctly or are delivered incorrectly, you may have a case for malpractice if you or your baby are injured as a result. The delivery of medications is particularly important for any medical practitioner as getting it wrong can have devastating effects on the patient.
The amount of time that your child is impacted by negligence during birth is an important factor. There are some negligent actions which may only result in temporary defects, such as a cone-shaped head that can occur as a natural part of childbirth. However, there are also defects that are long-lasting and will impact both the parents and the child. If any defect is a direct result of negligence on the part of a medical practitioner, you may pursue a malpractice lawsuit to cover the cost of your child’s medical treatments.
Medical Malpractice & Birth Defects
It is incredibly difficult to prove medical malpractice caused a birth defect. Any malpractice lawyer who tells you it is an open-and-shut case does not have the experience that you need. You need a lawyer who can show compassion while representing you in your fight for justice. Your baby deserves an advocate who will fight to secure a compensation amount that is fair and reflects the damages you and your baby have incurred.
Choosing a Malpractice Lawyer
Medical malpractice as it relates to birth defects is a very specific area of law. It is important to hire someone who understands your needs and concerns. Nelson & Hammons knows the challenges you are facing, which is why we offer free consultations to all our new clients. Before we take on your case, we will get to know you and prove that we are the best choice to advocate for you.
Call today to arrange a one-on-one consultation with a legal professional with the expertise to guide you through the process of suing for malpractice. We are your number one port of call and we will fight for your rights regardless of your circumstances.