Does a childbirth injury count as medical malpractice?

Yes. Something unexpected can occur during the birthing process leaving the mother and the infant suffering unavoidable injuries. However, in other circumstances, the harm can be prevented if the physicians and other medical experts offer proper and timely standard care. This article explains why childbirth injury is a medical malpractice and why it’s important working with a malpractice lawyer.

Injuries to the Mother During Child Birth

Even if most childbirth injuries affect the infant, mothers suffer significantly when a physician fails to take accurate measures during the birthing process. These injuries include;

  • Rupturing of the uterus
  • Undetected preeclampsia causing moms seizure during delivery
  • Medical supplies and equipment left in the mother’s womb during a cesarean section
  • Anesthesia and excessive bleeding complications
  • Destruction of the internal organs from the medical equipment during C-section

Child Injuries

Newborns are affected by an array of injuries. But not every infant injury is categorized as a viable malpractice claim. Some of the injuries include;

  • Death: Severe injuries during the birthing process can lead to the death of the newborn. These cases are complicated and can result in wrongful death lawsuits.
  • Bone Fractures: Fracturing of bones has been a prevalent childbirth injury. The bones typically fracture on the upper arm and collar bone. Other unique cases result in bone fracturing, such as genetic conditions.
  • Soft Tissue and Skin Injuries: Some medical equipment damages the infant’s skin. Some skin injury signs include swelling or bruising, causing redness of the injured part. These injuries heal even without medical treatment.
  • Brachial Plexus Palsy: This condition results from stretching nerves during birthing. Injuring the brachial plexus during delivery makes the arm stiff.

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Birth Injuries that Result in Hiring Medical Malpractice Lawyers

When working with the right medical malpractice lawyer, determining if a particular birth injury resulted from medical negligence is easy. The attorney and a medical professional will assess the occurrence and determine if the treatment meets all the requirements of a relevant standard of care. In most instances, the standard of care differs from the medical provider’s area of practice, expertise, or geographical region.

Physicians and other medical experts have a role in offering treatment that fully meets the standard of care that a specialized doctor offers in a similar field under similar conditions. A qualified medical malpractice lawyer will assist you in determining the proper standard of care, considering the details offered by the medical provider during the delivery process.

Why Medical Malpractice Lawyers are Important

  1. Medical malpractice lawyers are highly experienced with the resources required to build a solid case against any medical expert who caused the injury.
  2. National reach: Medical malpractice lawyers with a national reach know the laws that apply in different states. They will assist you in filing your lawsuit per the state statute of limitations that sets restrictions on the period taken when filing the case.
  3. Fewer hassles: Medical malpractice attorneys deal with filing lawsuits, mainly for childbirth cases. They help clients pay attention to the infant injury offering a good representation in court.
  4. Help to build stable attorney-client relationships: The medical malpractice lawyer works hard to unite everyone. They take time to respond to queries and concerns raised.

Wrapping Up

With the above information, it’s clear that childbirth injuries can be solved easily. You should engage the right and experienced medical malpractice lawyer today!