Birth Trauma and Other Injuries to Newborns | KNR
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Written by
KNR Legal
Date posted
July 31, 2019

The birth of a child is one of the happiest days of any parent’s life. For some parents, this joyous occasion can be tragically marked by a birth injury to their newborn. Birth injuries due to medical malpractice affect many families every year. If your family has been affected by birth trauma, one of our attorneys at Kisling, Nestico & Redick may be able to help you file a claim for compensation.

If you feel that something went wrong during your child’s birth resulting in lasting injuries, your gut feeling may very well be accurate. Birth trauma injuries occur more often than many medical professionals are willing to admit. Some birth injuries are minor and may heal completely over a few weeks, while some can cause permanent, disabling conditions.

Use our online contact form to reach out for more information about your specific case.

Common Birth Injuries

Some of the most common birth trauma injuries caused by medical negligence include the following:

  • Fractures
  • Asphyxia
  • Paralysis
  • Brachial Plexus Injuries
  • Spinal Cord Injuries
  • Cerebral Palsy
  • Encephalopathy

Common Causes of Birth Injuries

  • Failure to Perform a C-Section – When a doctor fails to anticipate the need for an emergency C-section or performs one too late, serious complications may result.
  • Failure to Monitor for Signs of Fetal Distress – Obstetricians are trained to carefully monitor vital signs of both mother and child to ensure that there are no serious complications during birth. Failure to do so can result in serious injuries, and even death, in some cases.
  • Deprivation of Oxygen – Birth injuries may result when a delivery takes too long, such as when a newborn is left too long in the birth canal and medical professionals fail to take appropriate action.
  • Misuse of Forceps and Vacuums – Failure to use equipment properly may result in fractures, paralysis, and disfigurement.
  • Failure to Perform Resuscitation Properly – When medical professionals fail to resuscitate an infant properly as they have been trained to do, this can cause serious, permanent injuries.
  • Negligent Prenatal Care – When doctors fail to adhere to the required standard of care for medical treatment before birth.
  • Medication Errors – Misuse of medications used during birth and mistakes in dosage and the types of medication used is a common cause of serious birth injuries.
  • Failure to Manage Abnormalities Properly – When there is a problem with an umbilical cord, placenta or abnormal fetal presentation, doctors and other professionals must identify and manage these conditions properly.

Proving Causation in Birth Trauma Cases

Proving what caused a birth injury is one of the necessary steps for filing a claim for medical negligence. In many cases, causation will be in dispute. You can expect that a medical professional who disputes what caused the injury may allege that it was caused by a genetic abnormality or some other unavoidable factor that was not their fault.

Causation must be proven in every medical negligence case, which is why you need an attorney to help you handle your case. Birth trauma cases can be quite complex and may require testimony of multiple expert witnesses to prove the case. Consulting attorney with experience handling birth trauma cases can greatly increase your odds of prevailing.

What if a Doctor Won’t Admit Fault?

Every medical malpractice case is unique, and the job of a medical negligence attorney is to understand all the details of a case, including specific medical terms used in medical records. In some cases, medical professionals will immediately communicate with family members about what went wrong during a birth and even apologize for what happened.

However, the opposite scenario is not uncommon. Some medical professionals refuse to admit to liability at all. Many doctors and nurses are concerned about their professional licenses, careers, continued employment, and insurance premiums. Additionally, some cases are complex, and more than one individual may be at fault. In these cases, a medical negligence lawyer may be able to assist your family prove what happened based on medical records, independent medical exams, testimony of experts, and other evidence.

Hospital Liability

In some cases, more than one individual may be responsible for a birth injury. Many doctors carry their own insurance policies. A typical birth may involve more than one doctor as well and multiple other medical professionals who were assisting with the birth. If a nurse or other medical professional was partially responsible for a birth injury, the hospital that employed the defendant may be held liable.

Has Your Family Been Affected by a Birth Injury? Contact Kisling, Nestico & Redick

Birth injuries can have life-long affects which can impact your entire family’s future. Filing a medical malpractice lawsuit is a way to ensure that you can provide for the care that your loved one will need now and in the future. Doctors and hospitals don’t admit fault easily, so you will want to have an attorney who is familiar with handling birth trauma litigation on your side. Contact our experienced attorneys via our online contact form today to schedule a consultation.