Birth injuries are not always connected to medical malpractice or negligence. In some cases, they are natural occurrences due to unavoidable or unforeseen complications with pregnancy, labor or delivery. If the health care practitioners involved in the birth acted according to accepted medical standards, they might not be liable if a birth injury occurs. If, however, someone breaches a duty of care, the family may have grounds for a malpractice claim.
Failure to diagnose or treat. Most birth injuries occur during complicated pregnancies or deliveries, such as when the baby is large or in a breech position. A physician’s failure to diagnose the mother with maternal conditions that could impact the pregnancy, such as diabetes, could further complicate matters. In these cases, a birth injury could also come down to a physician’s failure to properly handle a complication or emergency.
Lack of communication. Failure to communicate while in the delivery room could lead to mistakes that injure the mother or child. Communication between everyone involved in a mother’s pregnancy and delivery is key. The obstetrician, gynecologist, attending physician, nurses, surgeons and others involved should follow protocols and communicate with each other to address the patient’s needs.
Medical product liability. Defective medical products, devices and/or medications can compromise a pregnancy and cause birth injuries. Certain defective drugs, for example, could lead to serious complications during pregnancy that cause birth defects. The manufacturer of a defective medical product could be liable for a birth injury whether or not it was negligent.
Medical negligence. Negligence is a practitioner’s failure to fulfill the standards he or she reasonably should have during a patient’s treatment. It can refer to acts of carelessness or unintentional mistakes, such as incorrectly using forceps or vacuums. Negligence during delivery could lead to preventable injuries, including infant brain damage.
Medical malpractice. Malpractice refers to a practitioner knowingly doing something that could hurt the patient without any care or regard for the patient’s safety. Malpractice goes beyond negligence and into wantonness, maliciousness or fraud. A doctor could be guilty of medical malpractice if he or she was reckless in the care of the mother and/or baby, causing the birth injury.
A professional in the health care field could make many mistakes and oversights that ultimately cause birth injuries. If your child suffered a birth injury and you suspect the fault of the physician or someone else involved in your pregnancy or labor, contact Dickerson Oxton Law Firm for a free case evaluation right away. We can investigate your case for signs of medical negligence or malpractice. Then, we may be able to file a claim to damages on your behalf using the evidence collected.