The birth of a child is a much-anticipated event. However, such an event comes with the realization that it will be hard work, yet parents believe that the results are well worth it - a perfect baby. Unfortunately, not all babies are born perfect. in some instances, babies are born with birth defects. It has been reported that 7 out of 1000 healthy babies born in the United States are somehow injured during labor and delivery. This article will examine medical malpractice with respect to birth injuries and associated lawsuits.

In a number of cases, due to natural factors such as size or position of the baby, birth injuries cannot be avoided and occur. One attorney from Crowson Law Group stated that, “it is important to realize that the fact that there is a birth injury does not necessarily constitute medical malpractice”.  However, in some situations, the injury could have been anticipated and avoided with proper medical care. As a result, failure to follow the correct standard of care coupled with serious harm to an infant or mother can constitute medical malpractice.

Birth injuries can be very mild; some common birth injuries include bruising, bloodshot eyes, swelling and even a broken arm or collarbone. In a healthy infant, such injuries heal fairly quickly. Even some injuries that are severe subside on their own in a few days or weeks, such as temporary paralysis of the face or arm. Therefore, where there is no lasting harm to the baby, there is no basis for a medical malpractice lawsuit.

However, other birth injuries are more severe and long lasting. Such injuries include cerebral palsy, bleeding in the brain, seizure disorders, injury to the brain due to lack of oxygen, etc. A Crowson Law Group attorney stated that, “it is important to understand that a severe birth injury does not necessarily mean that a healthcare provider acted inappropriately. It very well may be that the healthcare provider did everything any other healthcare provider would have done under the same circumstances, but could not have prevented the injury. The healthcare provider is liable only if he or she acted negligently and made a mistake which caused lasting harm to the infant.”

One article stated that severe medical errors that occur during childbirth include “failure to anticipate birth complications due to a baby’s large size or a tangled umbilical cord, failure to monitor and respond to signs of fetal distress, failure to order a cesarean section when appropriate, failure to treat for infection, failure to properly medicate, incompetent use of forceps or a vacuum extractor”.  All the medical errors listed above can be made by a healthcare professional.

It is possible for a healthcare provider to cause harm to a fetus or mother prior to childbirth, during pregnancy, by failure to diagnose a medical condition of the mother, for example anemia, failure to identify child birth defects, failure to identify ectopic pregnancies or failure to diagnose a disease that could be contagious to the fetus.

Injuries suffered at birth can be severe and life altering for the child and the parents. When such injuries occur as a result of negligence on the part of the healthcare provider, compensatory damages can include future and past medical bills, pain and suffering, disability and disfigurement, loss of normal life and loss of future earnings.

The laws related to childbirth injuries and medical malpractice are complicated and, as a result, require a skilled and experienced Anchorage medical malpractice attorney [https://www.crowsonlaw.com/alaska-personal-injury-lawyers/medical-malpractice/]. For legal representation and advice with respect to medical malpractice lawsuits, contact a medical malpractice attorney.