The labor and delivery process is a complicated one. The mother and baby are both at risk of suffering internal injuries. At times, these injuries will be unavoidable with severe consequences, especially for the baby. However, the baby can stay protected if the medical professionals or doctors use preventative measures while operating the patient. If not, these injuries will cause permanent damage to the baby, raising legal concerns about the medical procedure.
Some of the common birth injuries that have a long-term effect on newborns are listed below:
- Caput Succedaneum: It leads to the newborn’s scalp swelling up due to prolonged pressure during a head-first delivery. It stays for a few days but is still risky for the baby.
- Cephalohematoma: Involves persistent bleeding under the newborn’s scalp, which usually results from vacuum extraction. This childbirth injury may take weeks or even months to disappear on its own.
- Hypoxic Ischemic Encephalopathy (HIE): It happens when the newborn’s brain stops receiving blood flow or oxygen for a specific period. It is a brain disorder that may cause mild developmental issues and problems like epilepsy or cerebral palsy.
- Erb’s palsy: It is another birth injury causing paralysis of the baby’s arm or central nerves. It is a birth trauma caused by excessive twisting, pulling, or pushing on the newborn’s head during delivery. Like other birth injuries, this injury has legal complications, and the medical professional is responsible for causing it. If your child faced this type of birth injury, try contacting an erbs palsy lawyer for further assistance. They will take immediate action and help you get the rightful compensation for the damage.
Some other childbirth injuries that may need legal assistance are:
- Neonatal Brachial Plexus Palsy
- Bone Fractures
- Soft Tissue and Skin injuries
Now that you are aware of the childbirth injuries, please understand the legal complications of it. Your baby must mean the world to you, and seeing your child in pain is shattering. Some medical malpractices leading to childbirth injuries are:
- Improper use of medications
- Failure to diagnose an infection in the fetus or mother
- Inefficient use of vacuum extractors or forceps during delivery
- Causing physical harm to the newborn by exerting excessive pressure during delivery
If your child got a birth injury due to medical negligence of the medical professionals, try to take strict legal action. For better understanding, let’s discuss how approaching the law can prove beneficial.
- They will help in making informed decisions
A birth injury to your newborn can make them suffer in many ways. A parent should never ignore something severe and agonizing like this. If you reach out to a lawyer, you will know about different legal approaches to take against the medical professionals or institute. Compared to a layman, professional lawyers are aware of such cases, helping people pursue legal justice for their babies.
- There is a special law for childbirth injuries
There is a specific law for birth injuries, defined under the personal injury law. Unlike other personal injuries, like a car accident, birth injuries are not that apparent. Months and even years pass by until parents realize their child’s birth injury. Moreover, most of these injuries are preventable with on-time medical assistance and care. This childbirth law helps spread awareness to the public, so they know how to take legal action in due time.
- Birth injury lawyers will assist you in building a case
By hiring a birth injury lawyer, you will have legal help by your side. In this way, you will gain justice for the traumatic experience of your innocent child. A professional lawyer with sound knowledge about birth injuries will build a case against the nurses or doctors who delivered your baby. They will inform you about the necessary steps to take and when and how. By filing the claim through the appropriate means, you will have more chances of winning the lawsuit.
- Lawyers will offer further guidance in obtaining supporting evidence
Another significant reason for hiring birth injury law experts is that they will do everything in their ability to assist you. From gathering substantial supporting evidence to checking medical records and collecting witness testimonies, they will do the job for you. This step is essential to win the case and fight for justice. Without the required evidence and testimonies, winning a childbirth injury case may get challenging. Therefore, seeking professional help will assist in many ways.
- You will receive financial compensation by approaching the law
If your newborn has suffered a lifelong birth injury the responsible authorities must compensate you for it. By approaching the law, you will receive financial compensation that will cover the long-term medical costs of your baby’s birth injury. Medical treatments are expensive to pay; thus, monetary compensation will help you cover the costs. However, you may never even receive any compensation without approaching the right lawyers.
The Bottom Line:
Without taking professional help, you will deprive yourself of the opportunity to bring justice to your baby. A lawyer will align the affairs for you and take the necessary steps in filing a childbirth injury lawsuit. Furthermore, taking matters into your hands will lead to simple mistakes that will cause case rejection or delay. So approach the appropriate law for childbirth injury and make legal processing easier.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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