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October 18, 2019

Birth Injury And Medical Negligence

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Personal Injury Lawyer

Birth injury attorneys have seen the many instances in which a birth injury has happened, but was entirely preventable. While there are situations where a birth injury stems from unpredictable complications or genetic illnesses, there are other times where the doctor and staff were at-fault. As parents, it can be heart-wrenching and confusing to hear that your baby sustained a birth injury, especially if it’s something that will impact them for the rest of their life.

If you or someone you love recently had a baby who suffered from a birth injury, please give our law firm a call immediately to speak with a birth injury attorney today. 

What Medical Negligence Is and Why it Happens

By legal definition, medical negligence is when a nurse, doctor, or other related personnel provided a level of care that was below standard for the medical community. Parents who suspect that a medical staff member was responsible for their baby’s birth injury, are urged to get legal advice from an attorney right away before the mistake can be covered up further. In order to meet the criteria for a medical negligence birth injury lawsuit, it must be shown that the staff did not offer the level of care that other professionals would have, with similar training and under similar circumstances. 

Examples of medical negligence can include situations like: 

  • Staff failing to observe the baby’s incorrect positioning before birth. Breech deliveries and other complications related to baby positioning can be prevented if examinations and ultrasound are done prior to labor. 
  • An untreated or undiagnosed maternal infection. 
  • Incorrect administration of medication to the mother during labor, including the wrong dosage and/or type. Or, giving a medication that interacts with another medication the mother is currently on or allergic to. 
  • Improper use of birth-assisting tools, such as forceps or a vacuum. 
  • Delaying a c-section unnecessarily or failing to notice the signs that c-section is the safest form of delivery for the mother and baby. 
  • Failing to diagnose a condition in the mother during pregnancy, which led to a birth injury or illness in the baby. 

Birth Injuries Under Personal Injury Law

Birth injury lawsuits fall under personal injury law, so it is best to consult with an attorney who is familiar with such cases. A birth injury attorney has likely represented parents just like you, who want to find justice for their baby who was wrongfully harmed because of negligence or carelessness. We offer free consultations for new clients who have never been seen at our law firm before, so there’s nothing to lose with booking a case evaluation. 

We can imagine the anguish you are going through as a parent of a newborn who is struggling because of a medical staff member’s oversight or error. If you are ready to hold the doctor and other personnel responsible for your baby’s birth injury or illness, then call a law firm now to speak with an attorney.

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