The day your child is born should be one of the happiest days of your life. But, sometimes serious medical complications may arise during childbirth that put your baby’s health at risk. When a doctor or medical professional fails to handle the situation properly, your infant may suffer injuries or illnesses resulting in permanent disability. In the worst cases, mishandled childbirth complications may result in death.
If your child has suffered a birth injury because your physician did not react to a dangerous situation in the proper manner, you may be able to recover damages in compensation. Birth-injury lawyer Jeffrey Killino can advise you of your legal options.
Common Birth Injuries
If your child has suffered from any of the following complications, birth-injury lawyer Jeffrey Killino can help you obtain legal justice:
- Bone injury/fracture
- Brain or head injury
- Bruising and lacerations from forceps
- C-section injuries
- Cerebral palsy
- Cranial or spinal cord injury
- Childbirth complications
- Erb’s palsy/Brachial plexus palsy
- Facial paralysis
- High-risk pregnancies
- Hypoxic Ischemic Encephalopathy (HIE)
- Infant hematoma
- Injuries from vacuum birth
- Intra-abdominal injury
- Newborn jaundice
- Premature Preterm Rupture of Membranes (PPROM)
- Premature Rupture of Membranes
- Preterm or Premature Labor
- Shoulder dystocia
- Spinal birth defects
- Soft tissue injury
- Twin birth defect
- Twin to Twin Transfusion Syndrome
- Umbilical cord strangulation
As the parent of an injured infant, it is up to you to take action. Attorney Jeffrey Killino believes that, by taking swift, aggressive legal action against the negligent doctors who caused your child’s injury, you can not only obtain the compensation you deserve for your own child’s injuries but also help prevent similar tragedies from occurring to others.
Causes of Birth Injuries
Tragic birth injuries result from a number of things, many of which are related to medical negligence on the part of the acting physician. When medical personnel fail to provide adequate care to a mother and child during labor and delivery, they may be held legally responsible for any injuries or disabilities that occur as a result. Careless medical personnel may fail to account for:
- An abnormally large fetal head
- A baby with too large or small a birth weight
- An oddly-shaped pelvis (on the mother)
- Prolonged labor
- Unusual birth position, such as breech birth
- Premature birth
- Delivery complications
Should medical personnel fail to respond to complications associated with any of the above conditions, such as bleeding or fetal distress, an innocent child may suffer serious injury or even death.
American Association of Pediatrics
According to the American Association of Pediatrics (AAP), birth injuries may lead to both physical and neuro-developmental injuries and can result from medical malpractice, including the following:
- Improper forceps use
- Failure to identify macrosomic fetuses
- Improper vaccum extraction
- Delayed Caesarean sections
- Inappropriate method of delivery (vaginal versus Caesarean)
Medical Malpractice Actions
Medical negligence occurs when medical care is below the “standard of care” required by law. The required standard of care relevant to a particular situation is demonstrated through the use of expert testimony. Such testimony may also be required to establish the existence and extent of your child’s birth injuries as well as the damages, or costs, associated therewith.
As indicated by the list of birth injuries, above, a great many complications may result from medical malpractice during labor and delivery, and each will require the testimony of someone with expertise in that specific injury.
The law related to medical malpractice actions can vary from state to state. Some states’ laws, for instance, place caps on the amount of damages that may be obtained. The amount and type of damages recoverable is one of the many matters on which an experienced medical-malpractice and birth-injury lawyer can advise you.
When a child suffers a birth injury due to medical negligence, damages generally recoverable include the following:
- Past medical expenses
Medical costs that are incurred before trial as a result of a birth injury are generally recoverable in a medical malpractice action. These can include the costs associated with emergency treatment, additional medical personnel and equipment, extended hospital stays, and follow-up visits and treatment.
- Future medical expenses
Birth injuries almost invariably lead to medical expenses throughout all or a good portion of a child’s life. Any such expenses, if associated with a birth-injury caused by medical malpractice, may be recoverable in a personal injury action.
- Future non-medical expenses
Many additional expenses may result from a birth-injury and may also be recoverable. These may include costs of therapy, specially adapted vehicles and homes, special education costs, or loss of ability to earn.
- Pain and suffering
Compensation may also be awarded for a child’s pain and suffering as well as emotional distress and trauma resulting from a birth injury.
If your child has sustained a birth injury due to medical negligence during labor or delivery, you may be able to recover damages in a court of law from those responsible. Contact nationally-recognized birth-injury lawyer Jeffrey Killino today at 877-875-2927 to discuss your legal options.
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