Birth Injuries: When Joy Turns to Heartbreak
The arrival of a newborn should be a time of immense joy and celebration. But for some families, this joyous occasion takes a devastating turn when their child suffers a birth injury. These injuries, often caused by medical negligence, can have lifelong consequences for the child and their family.
The Staggering Statistics of Birth Injuries
Birth injuries are more common than many people realize. Here are some sobering statistics:
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Prevalence: Approximately 7 out of every 1,000 births in the United States result in a birth injury. (National Center for Health Statistics)
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Preventability: Shockingly, studies suggest that up to 70% of birth injuries could be avoided with proper care and attention.
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Severity: Birth injuries can range from mild to severe, with some causing lifelong disabilities or even death.
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Economic Impact: The lifetime cost of caring for a child with a severe birth injury can reach millions of dollars.
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Emotional Toll: Birth injuries cause immense emotional distress for families, including guilt, anger, and depression.
Common Causes of Birth Injuries
Many birth injuries result from medical negligence, such as:
Common Birth Injuries
Malpractice during labor and delivery as well as the prenatal and postnatal care comes in varying forms with multiple types of adverse outcomes:
Recognizing the Signs
It’s crucial to be aware of potential signs of a birth injury, including:
Difficulty breathing
Poor reflexes
Seizures
Excessive sleepiness
Feeding difficulties
Abnormal muscle tone
Delayed developmental milestones
Child & Birth Injury Lawyers: Your Advocates for Justice
The Child & Birth Injury Lawyers at our firm are dedicated to helping families navigate the complexities of birth injury cases. Our experienced team will:
Conduct a thorough investigation
Work with medical experts
Fight for maximum compensation
Provide compassionate support
As the parent of an injured infant, it is up to you to take action. Attorney Jeffrey Killino believes that, by taking swift, aggressive legal action against the negligent doctors who caused your child’s injury, you can not only obtain the compensation you deserve for your own child’s injuries but also help prevent similar tragedies from occurring to others.
Causes of Birth Injuries
Tragic birth injuries result from a number of things, many of which are related to medical negligence on the part of the acting physician. When medical personnel fail to provide adequate care to a mother and child during labor and delivery, they may be held legally responsible for any injuries or disabilities that occur as a result. Careless medical personnel may fail to account for:
- An abnormally large fetal head
- A baby with too large or small a birth weight
- An oddly-shaped pelvis (on the mother)
- Prolonged labor
- Unusual birth position, such as breech birth
- Premature birth
- Delivery complications
Should medical personnel fail to respond to complications associated with any of the above conditions, such as bleeding or fetal distress, an innocent child may suffer serious injury or even death.
American Association of Pediatrics
According to the American Association of Pediatrics (AAP), birth injuries may lead to both physical and neuro-developmental injuries and can result from medical malpractice, including the following:
- Improper forceps use
- Failure to identify macrosomic fetuses
- Improper vaccum extraction
- Delayed Caesarean sections
- Inappropriate method of delivery (vaginal versus Caesarean)
Medical Malpractice Actions
Medical negligence occurs when medical care is below the “standard of care” required by law. The required standard of care relevant to a particular situation is demonstrated through the use of expert testimony. Such testimony may also be required to establish the existence and extent of your child’s birth injuries as well as the damages, or costs, associated therewith.
As indicated by the list of birth injuries, above, a great many complications may result from medical malpractice during labor and delivery, and each will require the testimony of someone with expertise in that specific injury.
Damages recoverable
The law related to medical malpractice actions can vary from state to state. Some states’ laws, for instance, place caps on the amount of damages that may be obtained. The amount and type of damages recoverable is one of the many matters on which an experienced medical-malpractice and birth-injury lawyer can advise you.
When a child suffers a birth injury due to medical negligence, damages generally recoverable include the following:
- Past medical expenses
Medical costs that are incurred before trial as a result of a birth injury are generally recoverable in a medical malpractice action. These can include the costs associated with emergency treatment, additional medical personnel and equipment, extended hospital stays, and follow-up visits and treatment.
- Future medical expenses
Birth injuries almost invariably lead to medical expenses throughout all or a good portion of a child’s life. Any such expenses, if associated with a birth-injury caused by medical malpractice, may be recoverable in a personal injury action.
- Future non-medical expenses
Many additional expenses may result from a birth-injury and may also be recoverable. These may include costs of therapy, specially adapted vehicles and homes, special education costs, or loss of ability to earn.
- Pain and suffering
Compensation may also be awarded for a child’s pain and suffering as well as emotional distress and trauma resulting from a birth injury.
Don’t Face This Alone
If your child has suffered a birth injury, contact our team of Child & Birth Injury Lawyers today. We’re here to help you secure justice, protect your child’s future, and hold those responsible accountable.
