- Improper Forceps Use. When a mother is having difficulty delivering her child or if the infant is improperly positioned in the womb, some attending physicals use forceps to help deliver the baby. If used properly, forceps can reduce the infant’s risk of oxygen deprivation and fetal distress, which can be linked to cerebral palsy and other birth injuries. However, used improperly, forceps can cause nerve damage in the infant’s neck or chest and other injuries to the infant’s head and face.
- Delay in Ordering a Caesarian Section. If the infant is suffering from fetal distress, then an emergency C-section is ordered. Some conditions that may require an immediate C-section is when the mother’s blood pressure drops, there is bleeding from placental abruption, or other issues that cause an infant’s heart rate to drop. Emergency C-sections may also be necessary if the uterine ruptures, cord prolapses, and the placenta covers the cervix. If the delivery team fails to recognize the mother’s need for an emergency C-section, they may be liable for injuries caused to the mother and the infant.
- Chemical Birth Defects. If your child has been exposed to chemicals that resulted in defects like a cleft lip, missing organs, leukemia, cancerous eyes, and abnormal brains, then it may be classified as a chemical birth defects and our firm can help.
Types of Birth Injuries
When an infant suffers a birth injury, the child’s parents may be able to file a medical malpractice lawsuit against the doctor or medical professional who delivered the infant. In the State of California, there is a three-year statute of limitations from the date of either the injury or one year from the date of discovery or the moment the injury should have been discovered. However, in order to file a proper claim, the doctor or medical professional must have acted negligently, and those actions must have directly led to the birth injury.
When can I sue for a birth injury?
Birth injuries can cause physical and emotional consequences on a family, in addition to financial strain on the child’s family. Obstetricians, pediatricians, doctors, nurses, pharmacists and other healthcare professionals have a responsibility to uphold an acceptable standard of care to their patients. However, even well-intending and experienced medical physicians can make mistakes. When medical negligence causes a child to be born with a birth defect or injures an infant during delivery, the family may be able to recover compensation for these damages through a birth injury lawsuit.
An experienced attorney handling birth injury claims can carefully examine your unique situation and determine whether your doctor took proper care during delivery in order to assess the amount of damages that may be owed to you for your loss.
How do I know if My Child Was Injured due to Medical Malpractice?
Birth injuries can be caused by many different factors. Contacting an experienced attorney who specializes in birth injuries can review your medical records and examine diagnostic tests, electronic fetal monitor strips, use of birthing tools, delivery sheets, and other notes on the pregnancy and delivery to assess whether medical malpractice contributed to your child’s injury.
Contact a Birth Injury Lawyer
If you believe your child may have been injured during birth due to the negligence of a medical professional, you should contact an experienced birth injury lawyer to discuss your rights and options. Attorney Christopher Kreeger offers complimentary consultations and would be happy to sit down with your family to help you form a plan of action. To schedule a consultation, contact us today at (916) 782-8400.