The excitement of pregnancy is something that parents are not quick to forget, even after their children are full grown. Every parent hopes for the safe and healthy birth of their child, but occasionally a doctor's negligence results in stillbirths, neurological problems, cerebral palsy, and other birth defects. In some extreme situations, the mother or child may not survive the delivery. These types of birth defects are unduly tragic, but are often preventable with proper monitoring and treatment from health care professionals. Before it is time for the delivery, there are procedures and tests that a doctor can use to determine if the deliver will be at high-risk for complications. The timely and accurate diagnosis of these risks is vital to the health of the baby and mother during delivery. Complications during birth may also extend to the period right after the baby is born. Mishandling of the newborn may also result in birth injuries such as bruising, facial paralysis, fractures, and nerve damage. Any damage or injury to a baby caused by a negligent doctor should be considered when deciding if a medical malpractice lawsuit is appropriate.
One of the most important things to remember when filing a birth injury malpractice suit is that someone (doctors, medical staff, etc.) must be found negligent in order to make your lawsuit valid. If negligence of a health care professional can not be proved, the lawsuit is doomed to fail in court. In the event of birth defects, several types of negligence may have occurred during pre and post delivery of the child. The doctor may have failed to monitor and anticipate any birthing complications for the mother or child. The incorrect use of forceps or vacuum extractor during delivery may have caused one of the birth defects previously mentioned. In other cases, doctors may have not acted quickly enough if the baby became entangled in the umbilical cord. The doctor also could have administrated an incorrect dose of labor-inducing drugs. All of these examples and more are valid reasons to file a birth injury malpractice lawsuit.
Birth injury malpractice lawsuits are almost always complex and expensive, so it is important to consult a licensed attorney to evaluate your specific case. If an experienced attorney believes that your case would institute a valid lawsuit, you can then move on to the next steps in fighting for your legal rights against negligent health care professionals.