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Bringing a child into this world is one of the most joyful feelings there is. But if the child were to suffer from a preventable injury during birth, it is the beginning of a worrisome path. The cost of caring for an injured child can be high and some families might not be able to provide for it. If your child has been injured, Medical Malpractice Lawyers Wagners will help you know your rights and assess your options and the compensation that you could be entitled to.
Birth defects vs. Birth Injuries
Having a birth defect does not mean that the baby is defective, it is a medical term given to the problems that arise when the baby is a fetus. These defects could be caused by genetic conditions or by something that happened during pregnancy, like a virus infection or drinking alcohol. As these defects are not preventable, you cannot pursue any legal action if your child has been born with a birth defect.
Whereas, birth injuries are completely preventable as they occur during the time of labour or delivery. These injuries can be associated with the improper use of medical tools, inattentive professional or improper delivery. Failing to recognize the signs of fetal distress due to lack of oxygen is one of the most common ways that the babies get injured. When a child is injured during labour or delivery one can file for a medical malpractice claim.
Common Birth injuries:
Approximately 1 in 1000 live births could lead to a birth injury. Whereas some of these injuries are temporary and resolve with time, others are permanent and cause the child to be disabled for life.
Following are some examples of common birth injuries that could lead to a malpractice claim:
- Brachial Plexus Palsy
- Cerebral Palsy
- Kernicterus
- Head Trauma
- Seizure disorders / eplipsey
Medical Malpractice:
Doctors and nurses are expected to be reasonably competent and measure up to the standards of care. While delivery, they should be aware of the complications that could potentially arise and lead to injuries and do everything in their power to prevent any harm that could come to the mother or the child. Proper prenatal care should be provided and if there are health problems then specialists should be consulted. Women who have high-risk pregnancy can deliver safely but extra attention needs to be given.
What to do if you suspect malpractice?
If you feel that there is some malpractice which led to a birth injury, then it is crucial to have a medical malpractice lawyer to represent your case. They will take up the responsibility of dealing with the lawyers hired by the doctors and hospitals. Would also get a medical-legal opinion on whether the injury that your child sustained were preventable and how. The lawyer would request your child’s health. records and you could also keep a journal of detailed symptoms, complications, costs and other elements that could be useful to your case.
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