The happiest moment in a parent’s life is the birth of their child. But what if the arrival of a baby boy or baby girl renders the child unexpectedly injured? It is possible that during the strain of labor an infant can suffer an injury on their way out of the womb. There are times when this injury can be attributed to the attending physician or hospital staff.
A baby can suffer a birth injury if an attending physician does not address medical concerns appropriately at the time of delivery. If the physician observes complications developing, they may choose an alternative birthing technique. For example, a popular method of delivery, called a Cesarean section, can sometimes be the appropriate birthing method over the traditional method. A C-section is often chosen last-minute if there appears to be birthing complications that could endanger the health of the baby or the mother. Thus, if the physician knows that complications are arising and chooses not to perform a C-section, or to take other action to circumvent the complications, that choice could end up causing a birth injury.
Sometimes it is immediately apparent that a child has suffered a birth injury but other times it isn’t as obvious. To prove a caregiver’s malpractice, a claimant must show that a doctor, hospital or staff owed a legal duty to the patient but breached that duty by failing to act in a reasonable manner. Furthermore, the claimant must show that this breach of duty caused harm.
When a child suffers a birth injury, the parents have legal options. An experienced medical malpractice attorney can help parents in this situation understand how they can move forward against a negligent doctor or hospital.
Source: FindLaw, “Birth Injury Overview,” Accessed Feb. 1, 2016