By VSCP LAW
Many children every year suffer from a birth injury in the United States. Sometimes, the injury is the result of a medical mistake. It may be the negligence of a doctor who caused the child’s injuries. It could also be a medical error made by the labor and delivery team, which can include technicians, nurses, and other hospital staff. Read on to understand when a doctor or other healthcare provider is responsible for a child’s birth injury.
What are Common Childbirth Complications?
There are three main areas of injury that a child could suffer as the result of childbirth complications: damage to the nerves, brain, and/or external body parts.
Nerves
Nerves in various parts of the body can be damaged during childbirth (often from excessive pressure) and that can result in the child’s sensory or motor deficits.
Brain injury
The brain, as with all organs, needs oxygen to thrive. When a baby’s brain is denied adequate levels of oxygen (sometimes referred to as “hypoxia” or “hypoxic-ischemic encephalopathy (HIE)”), brain damage can occur. This type of birth trauma can occur in a variety of ways, including:
The above examples of brain damage can result in cerebral palsy, which impedes a child’s ability to perform cognitively, control bodily functions, control voluntary movements, maintain balance, and to move. The nomenclature derives from cerebral (having to do with the brain) and palsy (weakness or problems with muscles). Brain damage can result in delayed or stunted physical growth. It can also impede emotional growth and cause mental disabilities.
The length of time the brain was without oxygen usually determines the severity of the damage so, as with many examples of medical trauma, time is of the essence. This is why, if you believe that your child suffered a birth injury, you should promptly contact a birth injury lawyer in Philadelphia.
Direct trauma to an external body part
Some examples of birth trauma to external body parts include:
The above injuries can often occur when doctors use excessive force in extracting the baby from the uterus or from the vaginal canal. They could, for example, twist the baby’s body in a way that causes injury. Or they could misuse the various delivery tools such as, forceps, vacuum extractor, scissors, clamps, and specula.
What is Medical Malpractice in a Birth Injury Case?
When a doctor – or any medical provider – fails to treat their patient with competent care, that failure is called medical negligence or medical malpractice. And if that incompetent treatment causes the patient to suffer an injury, the patient likely has a viable medical malpractice claim, for which the patient – and possibly their family – may be compensated.
In the context of a birth injury, the medical error occurs in the context of childbirth. The medical provider makes a mistake before, during, or immediately after the baby is born and causes injury to the child.
When is the Doctor Responsible for Childbirth Complications?
A doctor or medical provider is responsible for childbirth complications when their treatment of the baby and/or the mother is substandard. That is, when they fail to treat their patient with the level of care that is expected of professional healthcare providers in their field. For example, a nurse in the labor and delivery department fails to properly document the mother’s contractions, which causes childbirth to be delayed, resulting in hypoxia of the baby. If the failure to properly document the mother’s contractions is a deviation from the standard of care – that is, fails to rise to the level of care that a nurse in the labor and delivery department is supposed to provide – then, that nurse is responsible for the childbirth complications.
When Can I Sue a Doctor for Medical Malpractice for my Child’s Injuries?
If a doctor or other medical provider is responsible for your baby’s birth injuries, you can sue them for medical malpractice. Your best shot at a successful outcome of a medical malpractice lawsuit in Philadelphia is to undergo a legal consultation for medical errors with a Philadelphia medical malpractice lawyer. That medical negligence lawyer will have to prove the following four essential elements:
The Philadelphia medical malpractice attorney has to establish that there was a doctor/patient (or healthcare staff/patient) relationship. They might ask: Was this medical provider charged with taking care of the baby or mother? Did they accept the responsibility of caring for these patients? If the answer is yes, then duty has been established.
Once the Philadelphia medical negligence attorney has proven that the medical professional had a duty to care for the child, the attorney must next prove that the medical professional breached that duty. In other words, they have to prove that the medical professional failed to provide the standard of care expected of them. In the above example, the nurse was expected to properly document the mother’s contractions. The nurse’s failure to do so was a breach of the nurse’s duty.
If your medical malpractice lawyer in Philadelphia can establish that the baby’s injury would not have occurred if it weren’t for the defendant’s actions or inactions, then they have proved causation. In other words, for the medical malpractice claim to be successful, the attorney must prove that the medical provider’s mistake – their negligence – led to the child’s injuries or increased the child’s risk of harm of sustaining the injuries. It’s not necessary to prove that the medical provider’s negligent actions were the only cause of the child’s injuries. It’s only necessary to prove that the medical provider’s negligence increased the risk of harm to the child.
The Philadelphia medical negligence attorney will need to establish that, as the result of the medical professional’s medical negligence, the child suffered injuries. Some of the more common childbirth injuries are highlighted above.
If the medical malpractice attorney can prove the above four elements, the client’s Philadelphia medical malpractice claim will have all the essential elements to move forward in a court of law.
If you believe a doctor or other healthcare provider caused your child’s birth injuries, contact the experienced Philadelphia medical malpractice lawyers at VSCP LAW.
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