During childbirth deliveries, injuries to the infant or the mother may have been unavoidable under certain circumstances. In other cases, however, the course of action or treatment chosen by the attending physician may have been inappropriate. The doctor may have also failed to exercise proper care during the delivery, which then contributed to an injury.
If the practitioner is considered liable for the injuries, the victim needs to prove that the doctor failed to follow the medical standard of care, says an expert from Tyronelaw.com. Getting the help of an attorney or a birth injury law firm is advisable when pursuing a legal action. This will help establish the facts and support the conclusion that the physician had been negligent and committed malpractice.
Birth Delivery Injuries
The mother or the newborn baby can incur childbirth-related injuries. For babies, it can be bruises or swelling on the scalp. Improper use of forceps or vacuum extraction methods may result in cephalohematoma, a condition where the blood accumulates between the cranial bone and the skin. Other types of birth delivery injuries include:
- Erb’s Palsy
- Birth Fractures
- Subconjunctival Hemorrhage
- Hypoxic-Ischemic Encephalopathy
The Case of Wrongful Death
If the injury resulted in fetal death, this may give rise to a medical malpractice lawsuit. This, of course, is applicable if the physician failed to exercise the level of care of a skilled medical professional under the same circumstances. The family may file a wrongful death case if the infant dies during childbirth because the mother also dies, or if the mother lives but the infant incurs injuries that resulted in death. It is important to note that wrongful death may depend on the circumstances of every case and state laws.
Medical malpractice in childbirth injuries (or death) is both a complex medical and legal case. Those who are considering of pursuing a malpractice case need to discuss their situation with an experienced medical malpractice lawyer or birth injury attorney. This is to learn more about the laws regarding this matter and determine if there is strong malpractice case. This is also beneficial in gathering evidence and proving the doctor’s fault.