Birth Injury Lawyer

One of the happiest and momentous days of our lives occurs when a new child is born into our family. The anticipation of and planning for a new family member has been building for nine months. Now the day we’ve been waiting for has arrived!

For the vast majority of families, this is a great day of celebration. For those who welcome a child with serious illnesses or injuries into the world, it can be a day of mixed emotions. And for a few, those whose babies do not survive the labor and delivery process, it is a day of great mourning.

For every 1,000 births in the United States, 6-8 babies sustain a birth injury that ends in death. Not every birth injury is caused by human error. However, in cases where a doctor, hospital or medical staff acts negligently, they can and should be held liable.

A few conditions caused by birth injuries include:

  • Cerebral palsy
  • Traumatic Brain Injury
  • Facial paralysis
  • Skull fracture
  • Oxygen deprivation
  • Brain swelling or hemorrhaging
  • Spinal cord injuries

Birth-related medical malpractice takes place when professionals involved in the delivery act negligently and cause any of the following conditions:

An injury to the mother or child during pregnancy or delivery. This could include a failure to recognize the infant’s distress, failure to read the fetal heart monitor correctly, failure to use medical devices – like forceps or vacuum extractors – correctly, etc.

A wrongful birth. Here, the parents say they would have ended the pregnancy had they known about a baby’s birth defects. This can occur when insufficient or inaccurate genetic testing of the parents was conducted or when a doctor fails to detect the birth defects during the early stages of the pregnancy.

A wrongful pregnancy. This takes place when parents take steps as prescribed by physicians to prevent a pregnancy but still end up having a child.

The birthing process is difficult, but it is incumbent upon doctors and medical staff to take every precaution, spot injuries as they occur and treat them properly. Medical malpractice litigation is complex, and anyone seeking compensation will need to prove that the injury/harm was caused by the medical staff’s negligence. That’s where the assistance of an experienced attorney comes in.For those who are considering medical malpractice litigation, there are many options to explore, as an attorney, like a birth injury lawyer in Rapid City, SD at a firm like the Law Offices of Clayborne, Loos and Sabers LLP, can explain.