Birth Injuries: A Form of Medical Malpractice

Any time that a doctor is negligent, it can be a devastating event and overcoming it can be very difficult. When the negligence causes serious harm to a baby, however, the aftermath can be even more daunting as most people don’t know what to expect.

Birth injuries are more common than most individuals recognize, but those affected may not realize that the situation is the result of someone else’s actions or inactions. They chalk it up to genetics or complications. There are plenty of circumstances in which negligence is the main contributing factor to a baby’s injuries.

Understanding how serious birth injuries can be make it easy for the families of those injured to pursue the necessary legal action to hold those responsible accountable. Here are some of the things you should know about birth injuries.

The Occurrence of Malpractice

When birth injuries occur, there are numerous reasons and medical malpractice is one of the more prominent causes. This is because doctors don’t always live up to their responsibility to provide proper care to their patients during the pregnancy or in the labor process.

For instance, if the doctor does not properly monitor the pregnancy, checking for fetal heartrate, and ensuring a healthy pregnancy, there may be complications and signs of distressed missed. Prolonged distress can cause the baby to suffer serious harm, especially if a lack of oxygen is involved.

In another situation, the doctor may fail to recognize the need for an emergency cesarean section during labor. If the labor lasts too long, it could also cause problems for the mother and baby, and a C-section may be needed. Failure to recognize this can lead to long-term problems.

Who Is Responsible When a Birth Injury Occurs?

While most people don’t want to think about a potential legal battle following an injury to their baby, it’s sometimes necessary to help cover the expenses associated with the harm. The biggest aspect of this is determining who can and should be held accountable for the birth injury.

There are a number of factors that must be considered, including the following:

  • Was the injury a direct result of the doctor’s negligence? This means that the doctor either failed to take necessary action when detecting a complication, or their actions caused physical trauma to the baby.
  • Was the doctor properly educated and trained to be handling the pregnancy? This could mean that the hospital failed to properly check the background of the doctor, failed to provide proper training, or failed to go through a proper hiring process.
  • Was there another danger in the facility that may cause infection? Hospital errors often include environmental dangers in which bacteria can cause serious harm, including infections to pregnant mothers—and subsequently, the babies.

Unfortunately, the presence of a birth injury can mean long-term medical needs due to physical and mental developmental delays, pain, and more resulting from the injury. This means that, while not always a primary concern, legal action can be extremely helpful to the family affected.

Taking legal action can help the family manage some of the financial hardships that come with the birth injury including special equipment, medical expenses, and long-term care. It also means the family can hold the negligent party accountable and seek the justice they deserve.

Working with Our Albuquerque Medical Malpractice Lawyers

Medical malpractice is a situation that should never be taken lightly. Families don’t deserve to go through the aftermath of this negligence alone. This is why our Albuquerque birth injury attorneys work so hard to help those in need.

At James Wood Law, we know how difficult it can be to suffer harm due to a negligent medical professional. As such, you need someone on your side fighting to protect your rights and options. That’s why we’re here—for you!

Call us today at (505) 906-6774 and speak with a skilled attorney if your baby has suffered harm due to malpractice during your pregnancy or labor.

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