Unfortunately, many birth injuries are unavoidable. But in some cases, they result from a health care practitioner’s negligence. In medicine, negligence is the failure to provide what Indiana law (844 IAC 5-2-5) calls “reasonable care.”
Reasonable care is the care that another doctor of the same or similar background would have provided in the same or similar circumstances. Suppose a doctor’s actions don’t live up to the standard of reasonable care, and your baby has a birth injury as a result. In that case, you may be able to receive compensation through a medical malpractice claim.
If you suspect that your baby’s death or brain damage resulted from your doctor’s negligence, we strongly encourage you to speak to an experienced birth injury attorney about your case.
When a baby has an umbilical cord issue that results in a birth injury, here are a few things that might be considered medical malpractice:
Failing to diagnose a condition like vasa previa through ultrasound
Not following up on the diagnosis of an umbilical cord issue with appropriate tests
Not properly monitoring a baby’s heartbeat during labor and delivery
Not investigating the source of bleeding during labor and delivery
Failing to order a c-section when natural birth is a threat to the baby’s life
You can learn more about medical malpractice by reading our medical malpractice FAQ.