If you are the parent of a child who has suffered an injury before, during or after birth because of substandard medical care, you have the right to pursue compensation for the injury and the subsequent medical expenses needed to care for the child. There is typically a claim made that the baby suffered a birth injury due to substandard care by either a nurse, doctor or other medical professional. However, there are times when a child might have a birth defect or other disability that could be present, even though there was the proper standard level of care present during childbirth.
What are birth injuries?
Birth injuries happen because of the negligence of a medical professional before, during, or after childbirth. Negligence is present when the medical professional fails to provide the standard level of care reasonably provided by another professional in similar circumstances. Liability in a birth injury case often arises due to a medical professional’s lack of action when signs are present that there could be a problem or due to the actions they take when caring for the mother and baby.
What are birth defects?
Birth defects are those that are present in the womb with the mother when she is pregnant. They either manifest prior to birth, after birth, or as the child ages. Many birth defects affect the brain of the baby or the baby’s nervous system. Most birth defects are caused by genetic mutations; however, they can also be caused by human negligence or error. Drug or alcohol abuse by the mother, exposure to toxins, or the use of certain prescription medication during pregnancy can all lead to birth defects.
Birth injuries caused by medical malpractice
Birth injuries that can be caused by medical malpractice can result in thousands of dollars in medical expenses. Your child will require extensive medical care from the day he or she is born and likely for the rest of their life. Injuries that can be caused by medical malpractice include the following:
- Excessive bleeding
- Brachial plexus injuries
- Cerebral palsy
- Meconium aspiration
- Kernicterus (caused by untreated jaundice)
The actions or inactions of medical professionals that often lead to birth injuries include the following:
- Failure to monitor the child and the mother for warning signs or signals of distress
- Errors with prescribing or administering medications
- Exposure to toxins
- Failure to detect serious medical conditions and failure to treat them
- Failure to administer an emergency c-section
- Unsafe or improper use of forceps and vacuum extractors during childbirth
It is the responsibility of the doctor and nursing staff to monitor the mother and the child when in their care before, during, and after childbirth. If this fails to happen, your child could suffer birth injuries that will affect them for life.
Are you concerned that your child was injured during childbirth? If so, you need to discuss your case with the experienced Alabama birth injury attorneys from the Mezrano Law Firm. We have offices located in Birmingham, Florence, Gadsden, Mobile, Montgomery, and Tuscaloosa to better serve our clients. Call our office at 205-206-6300 or complete a contact form to schedule a consultation today. We proudly serve parents and children dealing with birth injuries throughout Alabama.