Common birth injury lawsuits
The birth of a baby is a much-anticipated event, filled with the joyful expectation of a new life. Unfortunately, if the baby suffers an injury or dies during the birth process, the emotional toll on the family is devastating, especially if the injury or death was the result of medical negligence on the part of the doctor, nurse, or other healthcare professional.
Birth injuries happen during the childbirth process while a woman is in labor or during delivery. Many babies suffer from minor injuries during delivery that will heal without treatment. However, some birth injuries can result in severe complications leading to a permanent disability or even death.
Some common birth injuries include:
- Brachial palsy
- Bruising or forceps marks
- Significant swelling of the scalp’s soft spot
- Asphyxia
- Intracranial hemorrhage
- Cephalohematoma
- Facial paralysis
- Fractures
- Spinal cord injuries
While some birth injuries can be diagnosed immediately after the baby is delivered, a majority aren’t diagnosed until months or years after birth, usually when a child fails to meet major developmental milestones.
The nature and severity of the birth injury determines its treatment. Some birth injuries may be so severe and extensive that there is no treatment; continuous care is necessary in order to manage the symptoms. Other types of birth injuries may require:
- Physical therapy
- Occupational therapy
- Speech therapy
- Medications
- Educational assistance
- Assistive medical devices
Some children may have to undergo multiple painful procedures or remain on medications throughout their life.
Birth injuries represent a significant percentage of medical malpractice cases. If your baby has suffered from a serious birth injury, you may be able to recover damages through a birth injury lawsuit. Birth injury lawsuits help families get the financial compensation necessary for whatever treatments and/or short- or long-term care are in the best interests of your child.
Common issues
Birth injury lawsuits commonly involve the following issues:
- Excessive pitocin administration
- Improper vacuum delivery
- Improperly managed labor
- Failing to recognize fetal distress
- Failing to perform a timely C-section
- Delayed birth
- Failing to recognize neonatal hypoglycemia
Extremely unfortunate scenarios
There are two types of birth injury lawsuits — those involving medical malpractice and wrongful death lawsuits. Sadly, severe birth injuries can lead to the death of a child. In both types of cases, the plaintiff(s) must first show that negligence on part of the doctor, nurse, or other healthcare professional was the cause of the injury or death.
Medical malpractice cases are extremely challenging. In order to successfully prove medical negligence in a birth injury lawsuit, retain the services of a personal injury attorney who specializes in cases involving medical malpractice and wrongful death.
Scott S. Harris, California birth injury attorney, has been representing people throughout Southern California for over 30 years. He has helped parents and their child with birth injury claims against medical professionals, including providers in the Kaiser Permanente HMO network.