Nothing can be more devastating for expecting parents than experiencing a birth injury that was the result of medical malpractice, especially if it caused the death of their child. Although most medical professionals will take all the necessary precautions to keep babies safe and healthy during the delivery process, mistakes can happen. These mistakes can unfortunately result in a long-term birth injury or fatality.
If it is found that the birth injury was caused by the negligence of the medical staff, parents of the child may be eligible for financial compensation. You could recover damages related to the incident such as hospital bills, medical devices, mental and emotional suffering, and additional medical care, if needed. If you suffered the loss of your baby due to medical malpractice, you could recover these damages plus funds for funeral and burial costs, as well as loss of enjoyment of life.
However, it is important that you discuss your birth injury claim with a licensed lawyer who has experience working with cases involving medical malpractice. People who decide to hire an experienced lawyer for legal representation usually garner fairer settlement amounts, when compared to those who choose to represent themselves.
If you have a legal question or need legal advice in the West Palm Beach area, contact Frankl Kominsky Injury Lawyers today to set up a free initial claim evaluation (by appointment). There is no obligation to continue working with our firm and all of your information is kept confidential.
Read below to learn some common types of birth injuries that have been known to be the result of medical malpractice and negligence by healthcare workers. Learning about these injuries may help you understand your legal rights to seek the fair amount of financial compensation you may legally deserve.
Common Types of Birth Injuries
Although some birth injuries may heal quickly and allow the baby to live a normal life, sometimes the damage can be severe and cause victims a lifetime of difficult health issues. There are numerous ways a baby can be injured at birth or during the labor and delivery process. Here are some of the most common types of birth injuries we have worked with in the past, including:
Fractures and broken bones – When a baby is going through the labor and delivery process, medical professionals may need to use special tools and instruments to deliver the baby safely. However, when a doctor, nurse, or other medical assistant lacks the proper training or uses the tools incorrectly, it could result in various types of serious birth injuries including fractures and/or broken bones. When a newborn suffers a dislocated shoulder, it is often referred to as shoulder dystocia, which can be caused by excessive pulling or pushing by the labor and delivery staff.
Spinal cord injuries – When a baby is born, their spines are not yet fully developed. This makes them vulnerable to too much pressure. If a medical professional applies too much pressure on the baby’s spine during the delivery process, it could cause long-term or permanent nerve damage and disabilities.
Lack of oxygen – When a baby’s oxygen supply is depleted, it could cause permanent disabilities, such as cerebral palsy, which affects a person’s posture and could cause mobility issues. If the medical professional fails to perform a C-section in a timely manner, the baby could suffer from hypoxia, which is a lack of oxygen to the baby’s brain.
Skull fractures and brain damage – Some of the most common and damaging birth injuries are skull fractures and brain damage. These injuries are often caused by improper use of forceps. Serious brain damage can cause babies to suffer from temporary or permanent neurological disorders, cognitive issues, and/or disabilities.
Epilepsy – This is a type of condition that is caused by a severe jolt or blow to the baby’s head, which can result in seizures. Victims could be subject to a lifetime of critical at-home care, which can prove to be costly over the years. A severe epileptic episode can have damaging effects and may even shorten a person’s life span.
Nerve damage – Sometimes a birth injury can result in severe nerve damage, which is known as Erb’s palsy. While this condition may be treatable, the medical costs could be immense. This is why you may need the assistance of a qualified attorney who knows how to properly assess your damages.
Excessive blood loss and internal bleeding – When a medical professional makes a critical mistake during the birthing process, it could lead to internal bleeding under the baby’s cranium. Expecting mothers can also suffer from excessive bleeding and seizures.
Medication errors – Some birth injuries have been known to occur as a result of the medical staff administering improper doses of medication to the child and/or mother. If the medication error was the fault of the manufacturer, you may be eligible to file a product liability claim against the pharmaceutical company. A medical professional could also be held liable if he or she fails to diagnose the situation correctly and uphold the proper standard of care expected.
These may be some of the most common birth injuries we have dealt with in the past, but there are numerous other ways a newborn could suffer when a medical professional is negligent. Even if the baby was unharmed and the mother suffers an injury or death as a result of negligence, you could still be eligible to file a medical malpractice claim or wrongful death claim against the at-fault party.
If a medical problem arises during the labor and delivery process, medical professionals are legally required to notify the patient and let them know about certain measures they need to take, along with the risks involved to resolve the issue. Doctors, nurses, anesthesiologists, hospitals, labs, and/or other pharmaceutical companies could all be held liable if it is found that their negligence led to the birth injury. Inquiring with an experienced attorney might help you file multiple claims against all at-fault parties, when needed.
Get the Legal Help You Need
Many severe birth injuries can require long-term medical care, rehabilitation, physical therapy, speech therapy, at-home care, and other special needs that can be costly over an extensive period. This is why it is important to discuss your birth injury claim with a licensed lawyer who has experience working with cases similar to yours.
Frankl Kominsky Injury Lawyers has more than four decades of combined legal experience, which includes birth injury cases involving medical malpractice. Our distinguished lawyers have helped our past clients recover more than $100 million combined in successful verdicts and settlements.
No matter how severe your birth injury claim is, our dedicated attorneys take every medical malpractice case seriously. We aim to help our clients hold negligent medical professionals and pharmaceutical companies liable for damages they have caused. If a birth injury causes severe damage which may be long-lasting and/or permanent, we can help you create a life care plan to ensure the future financial needs for your child are covered.
Call us anytime, 24 hours a day, 7 days a week. Our well-trained staff of legal professionals will guide you through the complexities of the litigation process to help you pursue the full and fair amount of compensation you may legally deserve.
Call Frankl Kominsky Injury Lawyers at (561) 800-8000 or fill out a free claim evaluation form.