The birth of your child should be a beautiful, heartfelt moment shared between you and your family. It is normal to feel anxious during such a life-changing experience, but you have a reasonable expectation that your doctors will act in the best interest of you and your newborn. However, if your fears were realized and your child sustained an injury during their birth, you may be entitled to financial compensation from the medical professionals responsible.
Nothing can make up for your child’s undeserved suffering, but collecting damages from the liable party may help support your child’s recovery and other related expenses. The law does not offer you much time to consider whether you should bring a lawsuit, making it vital to discuss legal action with a Moundsville birth injury lawyer as soon as you discover your child has sustained a birth injury.
Many Birth Injuries Are Preventable
Difficulties during labor and delivery can result from inattentive prenatal care. If a mother presents risk factors like advanced age, obesity, gestational diabetes, or preeclampsia, she is at risk of a difficult delivery, increasing the risk of possible birth injuries.
Most mothers have ultrasound tests during their pregnancies to help the obstetrical team monitor the fetus’ development. If the fetus weighs eight pounds or more, or has an unusually large head, vaginal delivery may be deemed difficult. Because of this, healthcare providers might plan a Caesarian Section (C-Section) instead. If a doctor fails to recognize when a C-Section may be medically necessary, proceeding with a vaginal delivery could lead to birth injuries.
Delaying a C-section when the baby is in distress could also lead to significant injuries and even fetal death. Additionally, the misuse of assistive devices such as forceps or a vacuum extractor to accomplish a vaginal delivery can cause permanent harm to a newborn child.
If someone suspects that the careless use of medical equipment or the negligence of a care provider caused a newborn’s injuries, they should contact a Moundsville attorney immediately to discuss the possibility of a birth injury lawsuit.
The Long-Term Impact of Birth Injuries
It is normal for babies to sustain minor cosmetic injuries during childbirth, such as bruising and scrapes. However, if a birth injury causes a baby significant discomfort and damage, it may have permanent effects. Examples of preventable birth injuries that could significantly impact a child’s life include:
- Ocular injuries causing painful corneal abrasions or vitreous hemorrhages, potentially leading to visual impairment
- Hemorrhages into the baby’s abdomen, which could cause shock and may require surgery to repair
- Nerve damage to the neck, shoulder, or arm, potentially causing Erb’s Palsy, which may lead to permanent paralysis or loss of sensation in the affected limb
- Fractures that could require immobilization or surgery
- Spinal cord injuries that could cause infant death
- Brain hemorrhages requiring surgical intervention
- Cerebral Palsy (CP) resulting in motor impairment, intellectual disability, and developmental delays
Most birth injuries are immediately apparent, but some may take time to become detectable. A family should consult a Moundsville attorney as soon as they suspect that an error during pregnancy or delivery may have injured their infant.
Bringing a Lawsuit for Birth Injuries
During childbirth, it is the expectation that all healthcare professionals involved will meet a reasonable standard of care. If that standard is breached, the child’s parents could bring a medical malpractice lawsuit seeking damages intended to reimburse birth expenses and pay for the care necessary to recover from the injury. Compensation might also include damages for the child’s physical pain and your emotional suffering.
Medical malpractice lawsuits have unique procedural requirements. In West Virginia, state law requires that before filing a medical malpractice claim, the plaintiff must serve a notice of claim and a screening certificate of merit on each defendant healthcare provider. This certificate must include a written opinion from a qualified medical expert stating that the defendant likely failed to meet the applicable standard of care, resulting in injury. These pre-suit requirements help ensure that only claims with legitimate medical and legal grounds proceed to court.
Discuss Your Legal Options With a Moundsville Birth Injury Attorney
Childbirth is already an emotionally intensive process. Discovering that your baby has suffered from a delivery injury can quickly make matters overwhelming, especially if the injury was caused by the doctors who were supposed to help you.
Bringing a lawsuit during such a difficult time can be hard, but a Moundsville birth injury lawyer can pursue damages on your behalf. As soon as you suspect that your child has suffered harm caused during labor, contact Bordas & Bordas to discover how we could help you.
