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Is My Child’s Traumatic Birth Injury My Doctor’s Fault?

Though a parent of a child who has been disabled or impaired as a result of a birth injury goes through many emotions, guilt is often one of the most overwhelming. Parents often question, “Did I cause this to happen?” or “Could I have done something to prevent this?” Blaming themselves is often what causes parents of the newborn to not look any further into the cause of the child’s injuries. In an attempt to thwart a lawsuit for medical malpractice, doctors and staff may be very vague about the details or time of injury. They may be slow to release any information in writing, or what is released may be inconsistent with what you know to be true. Medical professionals may even go so far as to make suggestions which insight guilt and blame in parents for their actions when it’s possible there’s a more plausible explanation for the birth injury- medical negligence.

We’ve fought cases in which doctors and hospital staff have relied upon the parents’ lack of medical knowledge and confusion in the midst of a trying time to blur the lines of any potential wrongdoing on their part. It’s the sad truth. These cases are often difficult to fight but worth fighting if it can make a difference for your child and your family in the future.

Traumatic birth injuries can be caused by a variety of factors, from the time of the first visit with your OBGYN, through the birth of your child. This leaves nine months of time wherein you have given complete control to your doctor, putting both the health of yourself and your baby’s in their hands. They are responsible for asking the right questions, running appropriate tests, and have a duty to maintain a medical standard of care at all times throughout your pregnancy and delivery. It’s important to note, as a result of a prior mistake or lack of medical oversight, a doctor may be forced to perform procedures that he/she would not have to otherwise which may cause further risk to of injury to the child. Moreover, any number of the following acts of negligence can contribute to or directly cause a birth injury.

1. Failure to treat a maternal infection early which was transmitted to your baby shortly after child birth or transmission of infection to the baby at childbirth;

2. Failure to take the appropriate and timely action to prevent physical trauma to the baby during extremely lengthy deliveries;

3. Failure to diagnose issues that could potentially cause fetal distress during normal birth canal delivery. This may result in a doctor ordering an emergency cesarean section;

4. Failure to react quickly and appropriately to the presentation of breech birth, shoulder dystocia, or umbilical cord entanglement and strangulation;

5. Failure to medically monitor the baby’s or the mother’s vital signs during or after delivery; and

6. Failure to respond to problematic indicators such as abnormal respiration, appearance, pulse, activity and cry or lack of a cry.

These lapses in care, though some of the most common, do not encompass every act of negligence or malpractice that causes devastating and severe birth injuries. An experienced attorney can help zero in on how and why a medical error may have occurred and which party, if any, is liable for your child’s traumatic birth injury.

We’ve fought and won cases for families whose lives have been significantly altered by their child’s injuries and we have recouped medical expenses, pain and suffering, and future medical and economic damages for those families. If you have experienced the traumatic injury or loss of a child or loved one due to complications during childbirth which you suspect was due to the negligence of a medical professional you may be entitled to seek such damages to help you recover and plan for the future. There is a limited amount of time in which you have to file a claim, so contact our offices immediately to discuss what we can do to help. (615) 425-2500