As a parent, your wish for your kids is for them to have long and happy lives. But when your newborn has suffered a serious birth injury because of medical malpractice, he or she could instead face years of pain, disability and intensive medical treatment.
This is why malpractice cases involving a birth injury are among the most heartbreaking. In some cases, a child will be disabled for life because the obstetrician or another medical professional failed to give mother and baby the proper care they deserved.
Birth injury vs. birth defect
Under the law, a birth injury is harm to the infant that occurs while he or she is being born -- as opposed to a birth defect, which happens during pregnancy. Common reasons for birth injury include the obstetrician using an improper surgical tool during labor, or misusing a tool. In other cases, the doctor will wait too long to perform a Cesarean section despite ample evidence that natural birth is not possible and/or the baby is in distress.
These conditions are often the result of a negligent birth injury:
- Cerebral palsy
- Erb’s palsy
- Perinatal asphyxia
- Brain hemorrhaging
- Spinal cord injuries
Most birth injuries are relatively minor and heal quickly after delivery. But the conditions we’ve listed above can lead to severe disability. Your child could require years of expensive operations, medications, doctor’s visits and rehabilitation. In addition, he or she may need round-the-clock care and help with eating, cleaning and other tasks.
Compensation for birth injury
Of course you want to provide everything your child needs, but few can afford these things on their own. In addition, if your child’s birth injury is your doctor’s fault, the doctor should be the one to pay.