The doctor responsible for delivering a baby safely has a big job.
- She must monitor the oxygen levels and heart rates of the mother and baby
- She must take appropriate actions if the mother or baby is suffering from certain conditions (like fetal hypoxia or preeclampsia)
- She must get the baby through the birthing canal even if complications are present
While most births go as planned, any negligent actions on the part of the doctor can lead to devastating consequences for both mother and baby. Nobody wants to sue their doctor for a birth injury, but for some families it may be the best way to recover the finances they need to care for the child. Learn more about these cases and what they entail by reading below. And when you’re ready, call Cordisco & Saile LLC at 215-642-2335 to discuss your case in detail.
Types of Negligence during Childbirth
To say a doctor was negligent is to say that she failed to act in a manner that other professionals would act under the same circumstances. There is a standard of care that all doctors must provide, and establishing that the doctor didn’t follow it is an essential part of any malpractice case.
During childbirth, there are a number of examples of negligence.
- Failing to monitor baby’s heart rate and oxygen levels
- Failing to monitor the mother’s condition
- Failing to administer proper medication or treatment in the event of complications
- Using unnecessary force during birth
Of course, each case is different so potential plaintiffs should discuss their case with an attorney. For example, use of forceps or a vacuum extraction device may be necessary in some cases to free the child from the birth canal. The devices may contribute to minor injuries from which the child recovers quickly. But excessive or unnecessary use of force could cause more serious injuries, including skull trauma.
Filing a Medical Malpractice Claim for Damages
When negligence during the birthing process leads to injury, the parents of the baby have the option of filing a medical malpractice claim for damages. This will involve proving the doctor owed the mother and child a duty of care and violated this duty by acting negligently. It also requires proving that the negligent actually caused the child’s injuries. This may require testimony from a medical expert, as well as other evidence.
You must also prove that you suffered damages as a result of the negligence and harm. Medical expenses to treat the injury or physical therapy to help the child regain functional ability in an injured arm, for example, are common damages sought in these cases. Each case is different, though, so review your case with your lawyer.
Why do I need a birth injury attorney to help me?
The elements of a medical malpractice claim listed above are just a simple and broad overview of what is involved in these cases. These cases can be very technical and complicated. Make sure you have the representation you need to navigate the legal process and build your case to prove you are entitled to damages.
At Cordisco & Saile LLC, we understand that no one wants to think about their baby being injured during birth or having to file a claim against their baby’s doctor. The truth is, however, that filing a claim for damages can be very important in recovering damages to compensate for medical expenses and other losses. If you would like to meet with us for free today, schedule your appointment now by calling 215-642-2335 or set up a consultation using our online contact form.