The birth of a new child should be a happy time, but events do not always go as planned. There can be many causes that can contribute to a traumatic birth, which may then result in injury to the baby or mother (or both). If you believe one of those causes was due to medical negligence, then you need to consider legal action so that you can get the support and financial settlement that is appropriate.
In such cases, you should seek specialist attorneys who have an in-depth knowledge of the circumstances that can lead to a successful claim. You might not be aware of what these are, but they fall into the categories listed below.
Injury to the mother
Potential injuries to the mother could include the following:
- Surgical injuries during caesarean sections – injuries to other organs
- Complications from treatments such as epidurals or anesthesia
- Infections caused by conditions in the hospital or lack of appropriate treatment
In any of these cases, it would be appropriate to contact a birth injury lawyer who would provide further guidance as to the best course of action.
Injury to the baby
Of course, seeking legal help would also be appropriate when there is an injury to the baby. These can, for example, involve fractures like those caused in the process of dislodging the baby when shoulder dystocia occurs and the baby becomes stuck behind the mother’s pelvic bone.
There can also be neurological damage caused if there is a prolonged delivery and a lack of oxygen getting to the baby. This could lead to brain damage, cerebral palsy, and other life-altering or -limiting conditions. These may not be apparent immediately but may only appear after several months or years as delays in the following:
- Physical development
- Speech and language development
- Cognitive development
- Social development
- Emotional development
Diagnosis or treatment failures
Many problematic births are avoidable if other conditions are correctly diagnosed. Shoulder dystocia, for instance, is avoidable if medical professionals can spot telltale signs such as if the mother is obese, has diabet8es, or if the pregnancy has gone post-term and involves a larger-than-normal baby. They should also be able to spot occasions where this has happened previously to the same mother.
There are also occasions where delays in ordering vital operations including a caesarean section can cause unnecessary trauma and injury to the mother or child; or where the wrong medical equipment, such as forceps, were used. Administering the wrong medication, or at least an incorrect dosage, can also cause issues or complications, meaning legal action would be appropriate.
It would also be appropriate to get a birth injury lawyer involved if an injury to the baby or mother was caused as a result of a medical procedure that was performed without receiving the correct consent. This would also apply if medical professionals failed to monitor the baby or mother correctly throughout labour and delivery, as any complications that occurred here could be easily preventable.
Final thoughts
Engaging a birth injury lawyer might seem like a large step, but they are trained to deal with cases like yours and will know all of the pitfalls to avoid – including any time limits you have to bring a lawsuit. They will also know the right procedure for collecting any necessary medical records and finding the right expert witnesses to bolster your case.