Are birth injuries considered medical malpractice?

Are birth injuries considered medical malpractice?

Throughout pregnancy, mothers make sure to do all they can to ensure that they will have a healthy baby. Whether this includes changing their diet or taking vitamins, they hope to have a healthy newborn. Fathers will do all they can to make sure that their pregnant wife is feeling taken care of. Sometimes no matter what parents do, things can go wrong during labor. During childbirth, it is important for a doctor to respond to events accordingly. With updated technology, doctors can tell if something may go wrong during the birthing process. However, sometimes other issues can arise. Whatever happens during childbirth, a doctor should act to make sure the baby and the mother are in the healthiest state possible. If a doctor fails to act on a birth issue, they may be seen as negligent. When a doctor acts negligently during childbirth, the newborn may develop a birth injury. If this occurs, the doctor can be held accountable for their actions that have contributed to medical malpractice.

What kind of birth injuries can result from negligence?

During childbirth, injuries can occur due to a variety of reasons, including negligence on behalf of the doctor and medical staff. These birth injuries can include Erb鈥檚 palsy, cerebral palsy, facial paralysis, spinal cord injuries and more. When negligence is a factor during the birth of an infant, it can result in brain damage, which is caused by vacuum extractor misuse and forceps misuse or brachial plexus injuries caused by excessive force when handling a shoulder dystocia. These birth injuries can alter the child鈥檚 life from that point forward.

How can I seek liability on behalf of the doctor?

Patients will have to build their case to seek liability on behalf of a doctor for a birth injury. Although mistakes can happen, an act of negligence is known as medical malpractice. If you can prove the doctor acted negligently and did not take the proper precautions to prevent a birth injury, you may be able to hold them accountable. By proving negligence on behalf of the medical professional, you may be entitled to damages.

An investigation should be done to prove that your doctor was negligent. Furthermore, the investigation needs to prove that the doctor鈥檚 negligence resulted in the birth injury that the newborn has developed. By winning a case, you may be entitled to compensation. Although this cannot fix the health of your child, it can provide any services they may need due to their birth injury.

At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice claims process. Our firm understands how traumatic it can be when you become a victim of medical malpractice. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.

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