Are birth injuries the result of medical malpractice?

Medical errors can cause birth injuries, or increase their severity or permanence. However, a claim for malpractice is a specific type of legal action and must meet certain criteria.

Most (but not all) birth injuries involve delivery room errors that deprive infants of much needed oxygen. Brain damage often results, requiring a lifetime of medical treatment, special education, and financial provisions for future care. Thus, the objective is to expose the errors and mistakes of healthcare providers responsible for birth injuries that create long-term financial needs.

An examination by a medical expert is generally required to help determine the exact condition of the child, the circumstances surrounding the injury, and consequently whether medical malpractice occurred and contributed to the injury. It is therefore doubly important that you contact us immediately, as there are many steps to be taken and delaying only lessens your chances of a successful recovery.

What is the difference between a birth defect and a birth injury?

Generally speaking, birth injuries are caused by something that went wrong during pregnancy or delivery. Birth defects, on the other hand, usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy. There is a fine line, however, if an environmental issue is a factor. Your attorney can help you establish and document the circumstances in your case. Medical errors involving a birth injury which may support a malpractice action include:

• Inappropriate administration of hormones to induce labor.
• Complications resulting from delay in ordering Cesarean section.
• Misuse of forceps, vacuum extractor, or other surgical tools during delivery.
• Failure to respond to fetal distress (such as irregular heartbeat).
• Failure to detect or rapidly respond to umbilical cord entrapment.
• Failure to detect or appropriately treat bleeding.
• Failure to reasonably anticipate birth complications.
• Failure to appropriately treat maternal health complications.

Should I pursue a claim myself without an attorney?

No. This is a situation where there is no substitute for an attorney's knowledge and experience. Good birth injury lawyers will first schedule an examination by a medical expert to determine if the trauma is natural, a result of medical negligence, or if some other factor was responsible.

Generally speaking, claims for birth injuries associated with medical error or hospital negligence are handled differently than other circumstances. The laws in each state vary and the complexities are many. It is therefore vital that we meet with you immediately and take the necessary steps to establish the facts in your case.

Is a birth injury claim limited to the conduct of the doctor?

No, the claim may not be limited to the conduct of the attending doctor. It can also apply to nurses, anesthesiologists, health care facilities, pharmaceutical companies, and others who provided health care for the mother and baby.

More difficult to prove, but equally devastating for the infant, are injuries sustained through environmental factors resulting from negligence, pollution, contamination, ingestion of drugs and other conditions. Simeone & Miller attorneys can help you to determine if the circumstances warrant filing a lawsuit in your case.

I believe my baby suffered a head injury during delivery, do I have a case?

Possibly. A baby's skull is underdeveloped at birth and very delicate. Most babies are delivered head-first, consequently the head is the first part to emerge during childbirth. It will therefore generally experience a certain amount of pressure during delivery. However, head injuries can be caused by mishandling (fractured skull bones), undetected cephalohematoma (pooled blood beneath the skull), and other circumstances.

A discolored, swollen, bleeding, or bruised scalp may be an indication that something has gone wrong. However, only your attorney and their examining medical experts can help you to determine if the injury resulted from medical negligence.

I signed a medical consent form, does that let the doctor off the hook?

No. The execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure. However, the form does not give a doctor permission to commit malpractice. In particular, it does not relieve the health care provider from the responsibilities of meeting the required standard of care for the treatment provided.

How can I tell if my baby suffered a brain or nerve injury during delivery?

This is an area reserved for medical experts as there are many possible things that can happen. For example, Cerebral Palsy can result from negligence during the delivery process. Moreover, people know that babies are almost as susceptible to strokes as elderly people. Perinatal stroke can cause lifelong struggles such as hyperactivity, language problems, epilepsy, and cognitive dysfunction. However, it can only be detected by an expert.

In addition, a baby's delicate nerves are sometimes no match for a complicated or mismanaged birth. Trauma to the nervous system, including the cranial, facial, and other nerves can result. And, the symptoms of nerve injuries can be subtle, ranging from paralysis to problems blinking, making facial expressions, or performing simple tasks.

Again, before taking legal action, you need a knowledgeable, experienced attorney, assisted by competent, acknowledged medical experts, working on your behalf to establish the medical circumstances surrounding your infant's injury. Only by thoroughly documenting the facts and building a case step by step can there be a realistic expectation of a successful settlement.

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