For expectant parents, months are spent dreaming about and preparing for the arrival of their new family member. Sadly, for some families, the birth of a child becomes traumatic event and one that forever changes the course of both their lives and that of their child.
In cases where a medical error committed during a baby’s birth results in a child suffering brain damage, parents may choose to take legal action. For example, a doctor may fail to deliver a baby who is in distress soon enough or a doctor may choose to use a vacuum or forceps during a delivery which causes the baby to suffer a severe head injury.
An attorney who handles medical malpractice claims will examine the facts of a case to determine what went wrong and why. A key element of any medical malpractice case is proving that a doctor or nurse “failed to give you and your baby adequate medical care,” either during a pregnancy or during the delivery process.
For example, a doctor who prescribes an expectant mother a medication that has known negative side-effects related to a baby’s development would likely be deemed negligent in contributing to a baby’s injuries. Likewise, a doctor who failed to closely monitor a mother’s delivery and subsequently deliveries a baby whose brain was deprived of oxygen for an extended period of time would also likely be found negligent.
For parents and a child who are adversely impacted by a birth injury that results in a brain injury, nothing can right the wrongs that were committed. However, by taking legal action, compensation may be recovered that can aid in providing a child with the resources he or she needs to live comfortably.
Source: FindLaw.com, “Birth Injury Overview,” July 10, 2015