Understanding Birth Injury Lawsuits

 Posted on March 12, 2019 in Medical Malpractice

The birth of a baby is one of the most joyous occasions a person can experience. Sadly, not every birth is without complication. Some birth injuries are mild, such as a small bruise or cut, while other birth injuries can have life-altering consequences for both the child and his or her parents. Some birth injuries happen due to no one’s fault or intention. Others are caused by medical negligence. When a doctor or other medical staff makes a careless mistake, they can cause permanent disability or death to a vulnerable infant. A medical malpractice lawsuit can help hold negligent medical staff accountable as well as provide compensation for damages.

Doctors Have a Duty of Care to Patients

Medical negligence occurs when a medical professional fails to uphold his or her “duty of care” to his or her patient. Duty of care refers to the responsibility a doctor has to provide reasonably competent medical care to his or her patients. When a medical professional makes a poor decision which most medical professionals in his or her line of work and experience level would not have made, this may be a breach of duty of care. If a tragic event occurred during a birth, but the doctors and nurses made competent decisions while handling the crisis, this is likely not an example of medical negligence.

Common Birth Injuries Caused by Medical Negligence

The most common birth injuries which can be caused by medical negligence include:

• Surgical errors during a cesarean section (C-section);
• Perinatal asphyxia (caused by lack of oxygen to the infant’s brain during delivery);
• Brachial plexus injuries (BPI) including Erb's palsy;
• Fetal stroke;
• Intracranial hemorrhage/subarachnoid hemorrhage;
• Spinal cord injuries; and
• Cerebral palsy.

Some newborns cannot survive a serious birth injury. No amount of money could ever atone for the loss of a child, but surviving family members may be able to find financial relief through a medical malpractice suit. Parents of an infant killed due to medical negligence can file a wrongful death suit in order to pursue compensation. Damages in a wrongful death suit often include medical bills, burial and funeral costs, physical pain and suffering, and emotional pain.

Contact a Winnebago County Birth Injury and Wrongful Death Attorney

If your baby suffered injury or wrongful death due to the carelessness or irresponsibility of a medical professional, contact Mannarino & Brasfield, A Division of Schwartz Jambois, today. Call us at 815-215-7561 to schedule a free consultation with our experienced and compassionate Rockford, Illinois medical malpractice attorneys.

Sources:

https://emedicine.medscape.com/article/980112-overview

https://cerebralpalsygroup.com/cerebral-palsy/birth-injury/