When are birth injuries the result of negligence?

When thoughts of medical malpractice and negligence come to mind, people usually just blame the physician in charge. Contrary to that belief, a variety of practitioners and entities can be held responsible for birth injuries, including the hospital itself, pharmaceutical companies, medical equipment manufacturers, nurses, aides, pharmacists and anesthesiologists, to name a few.

Birth injuries are the result of negligence when healthcare practitioners and entities fail to uphold their legal duty to a patient and ultimately cause damages – physical, emotional or financial – to the patient. Negligence lawsuits that involve birth injuries are complex and often difficult to prove. Birth injuries attorneys will undoubtedly hire expert witnesses to allege that defendants breached the customary standard of care expected by the plaintiff. These experts will describe normal pregnancies and deliveries and compare them to the plaintiff’s situation and expectations.

Examples of birth injuries include:

Examples of maternal or fetal distress that lead to birth injuries include:

  • A mother with high blood pressure or diabetes
  • Infection during pregnancy
  • Prolapsed umbilical cord
  • Overweight baby
  • Baby’s shoulder stuck on mother’s pubic bone
  • Placental abruption
  • Uterine tear
  • Breech or other abnormal position of baby
  • Variable heartbeat in baby
  • Unsuccessful induced labor
  • Exceptionally long labor
  • Traumatic delivery due to excessive use of force
  • Prolonged time in birth canal
  • Improper medication during pregnancy

If you think your baby has suffered a birth injury as a result of medical malpractice or negligence you should contact an experienced birth injury attorney who will advise you about your personal rights and possible options for compensation. Healthcare practitioners and others associated with the delivery of a child have responsibilities to the people who put their trust in them.

Information courtesy of The Donahey Law Firm LLP, birth injury attorneys, Columbus, OH, 800.686.1699, www.donaheyohioinjurylawyers.com

Birth injury lawyer Richard Donahey of the Donahey Law Firm explains how and when medical malpractice or negligence can cause birth injuries.

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