No pain or adversity can compare to the trauma of watching your child suffer excruciating pain and discomfort. Do you know what’s worse? Hundreds and thousands of parents give birth to children who experience pain and suffering. Not finding the means or resources to help alleviate their suffering and restore their life quality.
Giving birth to a new life is a moment of joy and celebration for doting parents who spend months planning their child’s arrival. Birth injuries are common, and they typically occur during pregnancy or childbirth. In most cases, birth injuries occur due to medical malpractice or professional negligence due to the doctor’s mishandling. But the negligence and incompetence of a trusted medical practitioner can turn their happiness into devastation.
You can file a birth injury lawsuit if you believe your child’s condition has occurred due to medical negligence. Keep reading to learn more about birth injury lawsuits.
Medical Malpractice & Birth Injuries
Parents must understand that health conditions caused by birth injuries typically fall within medical malpractice. Did the damage occur due to the physician, midwife, or nurse practitioner’s mishandling attending to the delivery? Parents can file a birth injury lawsuit against their medical practitioner on negligence or mismanagement.
In many cases, doctors, nurses, or midwives mishandle infants, resulting in injuries that lead to lifelong disabilities and acute health conditions. For instance, the inaccurate use of forceps and vacuum extractors can injure the infant during the delivery process. This negligence constitutes medical malpractice, and you can file a lawsuit after gathering sufficient evidence. Parents must explore informative resources, such as the Birth Injury Justice Center, to educate themselves on evidence-gathering.
The Justice Center is a reliable platform that informs, educates, and empowers patients struggling with birth injuries’ trauma and financial burdens. Exploring the resources available on this platform will help you understand the legal complexities of filing a medical malpractice lawsuit. You can explore resources to gather evidence, find legal experts, and build a solid case by highlighting negligence.
Lawsuits against private hospitals often become more challenging. They involve multiple practitioners and high-profile attorneys responsible for preventing negative publicity. Information will help you manage expectations and approach the lawsuit with an acute understanding of the legal complexities.
Birth Injuries can happen before the delivery
Birth injuries can occur any time before the mother goes into labor, at any given phase of her pregnancy. Most people wrongly assume that birth injuries are restricted to complications during labor or delivery. In most cases, congenital disabilities or injuries occur due to the healthcare provider’s negligent handling of the pregnancy. For instance, birth injuries can occur if the doctor fails to diagnose an infection, disease, or risk factor that could complicate the delivery.
Many pregnant women experience the symptoms of gestational diabetes, and doctors prescribe medications to undermine childbirth complications. In other cases, women suffer from hypertension or contract a viral infection that can lead to complications. The doctor must closely monitor and diagnose any condition that could risk the infant’s health and wellbeing. Failure to do so sets the ground for medical malpractice.
Doctors must also monitor the unborn child’s health through ultrasounds for signs of pre-delivery issues and concerns. At times, doctors identify signs of a compressed umbilical cord and ensure immediate response to eliminate the risk of birth injuries. However, when doctors fail to take timely action, their negligence constitutes medical malpractice.
Lawsuits are filed against Multiple Stakeholders
Parents assume that a birth-injury lawsuit is filed solely against their doctor, nurse practitioner, or midwife. That’s an option, but most legal experts recommend filing a lawsuit against multiple stakeholders or parties. In most cases, the lawsuit targets the hospital for failing to conduct its due diligence before recruiting a negligent healthcare provider.
Suppose the birth injury occurred under treatment at a popular private hospital at the hands of a reputable gynecologist. In that case, the lawsuit will target the hospital and the doctor for their contributions to the injury. The hospital must take responsibility for hiring the practitioner who attended to your case and mishandled the delivery or infant.
In some cases, lawsuits involving birth injuries don’t have sufficient grounds for medical malpractice. These cases involve faulty equipment or unsafe pharmaceutical drugs. Parents have to prepare their lawsuits against medical equipment manufacturers or pharmaceutical companies in such cases.
Suppose the congenital disabilities occurred due to medicine prescribed during the pregnancy. In that case, parents might have to file a lawsuit against the pharmaceutical company that manufactured that medicine. Likewise, parents might have to target the practitioner and equipment manufacturer if the injury occurred due to faulty equipment.
Birth injury lawsuits help parents ensure financial stability and the best medical care for their children. The thought of preparing for a lengthy legal battle while attending to a child with congenital disabilities is nothing short of a nightmare. But with a reliable team of experts, this overwhelming battle becomes a legal campaign for your rights.
These lawsuits offer stipulations to demand compensation for numerous expenses, such as current and future medical bills. You can demand compensation to pay for special education, physical therapy, and other facilities that will elevate your child’s life quality.