While some injuries during birth may be preventable, sadly, not all birth injuries can be avoided. Birth injuries can occur due to a variety of factors, including:
- Maternal health conditions;
- Fetal conditions;
- Complications during labor and delivery;
- Medical malpractice;
- Other unforeseen circumstances.
Every child must start with the best. If your newborn is struggling with a birth injury during the delivery procedure which was caused by the negligence or malpractice of a medical professional, the child’s family members can pursue compensation with the guidance of an experienced personal injury lawyer. A lawyer and his skilled paralegal staff will assist you in gathering the necessary evidence by investigating the case thoroughly.
What Is A Birth Injury?
A birth injury refers to any injury or harm that occurs to a newborn during the process of childbirth or delivery. Birth injuries can range from mild to severe and may have short-term or long-term consequences for the baby’s health and well-being. Sometimes, wrongful death may be possible in extreme medical negligence cases by healthcare professionals.
Common Types Of Birth Injuries Include:
- Physical injuries: These may include injuries to the baby’s head, neck, shoulders, arms, or other body parts.
- Brain injuries: These may occur due to lack of oxygen during birth, trauma during delivery, or other factors.
- Infections: Newborns can acquire infections during childbirth, which can lead to various health complications and injuries.
- Bleeding: Birth injuries related to bleeding can occur due to trauma during delivery or issues with blood clotting.
- Cephalohematoma: This is a condition where bleeding occurs between the baby’s scalp and skull, resulting in a swelling or lump.
- Facial nerve injuries: These may occur during delivery, resulting in facial weakness or other nerve-related issues.
- Erb’s palsy or brachial plexus injuries: These may occur due to damage to the nerves in the baby’s shoulder or arm during delivery, resulting in weakness or paralysis.
Prevention Of Birth Injuries
In some cases, birth injuries may be preventable through:
- Proper prenatal care;
- Monitoring of the mother and baby during labor and delivery;
- Appropriate medical interventions.
Furthermore, monitoring and managing conditions such as preeclampsia, gestational diabetes, or other maternal health conditions can help reduce the risk of birth injuries. Proper use of medical devices such as forceps or vacuum extractors during delivery and timely decision-making for caesarean section or other interventions when necessary can also help prevent birth injuries to mothers and their infants.
Medical professionals, including obstetricians, midwives, nurses, and other healthcare providers, have a duty to provide a reasonable standard of care to patients, including pregnant women and newborns, during childbirth. If a healthcare provider fails to provide the appropriate standard of care, and their negligence results in a birth injury, it may be considered medical malpractice.
Who Is Liable For A Birth Injury That Can Be Prevented?
Liability for an injury from birth that could have been prevented will depend on the specific circumstances of the case. In general, potential parties who may be liable for a birth injury that could have been prevented include:
- Healthcare providers;
- Hospitals;
- Medical device manufacturers;
- Other parties, such as pharmaceutical companies, laboratories, or third-party contractors.
Establishing liability for a birth injury can be complex and requires a thorough investigation of the facts and circumstances surrounding the injury. It may involve reviewing medical records, consulting with medical experts not involved in the case, and understanding the applicable laws and legal standards. Such cases are usually hotly contested
Need Legal Help? Contact Our Personal Injury Law Firm
By prioritizing safe and attentive care during pregnancy, labor, and delivery, and advocating for the rights and well-being of newborns and their families, we can strive to reduce the incidence of birth injuries and ensure that all babies have the best possible start in life.
If you suspect that a birth injury could have been prevented and may be due to medical negligence or malpractice in Philadelphia, scheduling a free case consultation may be helpful. Call The Law Offices of Samuel Fishman at 215-883-8213 or complete our contact form online to learn more about birthing injuries.