There are many challenges that a family must face when a birth injury occurs. The need for special medical care, different types of therapies, special schooling, and the need for specialized equipment are just a few of these challenges.
Birth injuries are the direct result of medical negligence. The court system handles these injuries as a form of medical malpractice. However, since these injuries are generally life-changing for both the victim and the families, birth injuries are classified into a category of their own.
Most Common Causes of Birth Injuries
Your OKC medical negligence attorney must be able to establish how the birth injury occurred to file a lawsuit for medical malpractice. In most cases, birth injury occurred as a result of one of these common causes of birth injuries. However, it should be understood that any act of negligence could lead to a birth injury.
Improper Use of Forceps
During some deliveries, the need to assist the baby is necessary. If a cesarean section (C-section) is not an option, the doctor may use forceps. These instruments look like a pair of tongs with large spoon-shaped ends. The ends are placed around the head and shoulders of the infant to help gently glide them out of the birth canal. If forceps are improperly used, it could result in serious injuries to the baby.
Incorrect Usage of Birth Canal Vacuum
Similar to forceps, a vacuum system is used to help pull the baby from the birth canal. The vacuum end is attached to the head and shoulders of the baby, where it gently glides the baby from the birth canal. Improper attachment can lead to serious harm to the infant and mother.
Failure to Initiate Timely C-Section
There are several things that can occur during the birth process that may lead to fetal distress. Failure to initiate a C-section when there is obvious fetal distress or harm to the mother can lead to birth injuries. All members of the delivery team should be trained to see signs of distress and prepare for an emergency C-section.
Other types of events that lead to birth injuries include:
- Hypoxia. During the birthing process, the umbilical cord can become twisted or wrap around the neck of the infant. This can lead to a loss of oxygen for the baby. The delivery team should be able to recognize signs that this may be occurring and take the necessary steps to prevent injury.
- Failing to treat infections. Infections can lead to many different birth-related injuries. All women should be tested for infections prior to giving birth so that the proper actions can be taken to protect the baby.
It is crucial to understand that these events are not the only types of actions that can lead to birth injuries. Any type of negligent action that takes place during the delivery can result in injury to the baby or the mother.
If you believe that you or your baby has been injured as a result of the care you received while giving birth, it is critical that you speak with an OKC medical negligence attorney about your case.
Common Birth Injuries
There are many types of birth injuries. However, there are some that occur more commonly than others. The most common injuries include:
- Cerebral Palsy
- Erb’s Palsy
- Klumpke’s Palsy
- Brachial Plexus Palsy
- Brain Injury
- Cranial or Neck Injuries
- Shoulder Dislocation or Injury
- Facial Paralysis
- Hypoxic-Ischemic Encephalopathy from lack of Oxygen
- Clavicle Injury
Many of these injuries will have long-term or life-long consequences. If your infant has been injured during the birthing process, it is important to speak with an attorney about how to get help for your injured baby.
Mothers Can Be Injured As Well
Birth injuries are not limited to those received by the infant. The mother may also be harmed during the delivery process. Giving birth can be very traumatic on the body, and if the mother is not cared for properly, injuries can occur.
Injuries may result in the need for emergency surgery, cause internal bleeding, or cause damage to reproductive organs. Some injuries may even prevent the mother from having additional children in the future.
Any injuries received by the mother should be seen as an act of medical negligence. It is important that you speak with an attorney about any injuries you received while giving birth.
How Can An Attorney Help?
If you or your infant have been injured while giving birth, you may have the right to seek compensation. While this may not seem like something that is important at this time when you are caring for an injured infant, in the long run, the compensation will be very helpful in raising your child.
Many birth injuries lead to the need for special equipment, medical care, and schooling for the baby as they grow. It is only right that the responsible party for the injuries helps cover these costs so that your child can benefit from the medical care and therapies they need.
If the injury is severe, many mothers find that they cannot return to work for an extended period of time while they help their child make a recovery or adjust to their injuries. The compensation package that you are entitled to should include the loss of income you will experience while caring for your child.
We understand that this is a very difficult time for you and your family. No one expects that their baby will be injured during the birth process. Now that it has happened, as a parent, you have the right to seek compensation so that you know your baby will always have the best care and the services they need.
Our compassionate attorneys will work with you to build a case for medical negligence against all of the parties responsible for the injury your baby received. We will review all medical records and procedures and then seek compensation from the responsible party. Let us manage the legal work while you care for your newborn.