Is a birth injury considered to be medical malpractice?

Although the birth of a child is an exciting time in a parent’s life, it can be a nerve-wracking one. They may be consumed by the idea of an unhealthy baby. During the pregnancy, parents do all they can to ensure their baby is healthy. Even with all this preparation, birth injuries can occur. Some birth injuries are the direct result of a medical professional’s negligence. This can be considered to be medical malpractice. When a medical professional displays signs of negligence, the patient has the ability to file a lawsuit against the medical professional to hold them accountable for their actions. Parents should take action against the health care professional to gain compensation that can be beneficial toward the baby’s health. When babies are born with a birth injury, they may need surgeries or life-long care that can become expensive. With damages from a medical malpractice case, parents may be able to afford this care.

During childbirth, there are many situations that can arise that can cause birth injuries to occur.  Some situations are a direct effect of a doctor’s negligence during the child-birthing process. Whether the birth injury occurs to the child or to the mother in labor, the doctor can be held responsible. For these cases, individuals should take note of the signs that doctor’s display. Birth injuries can refer to a wide range of injuries. Birth injuries that involve negligence on behalf of a medical professional can include Erb’s palsy, cerebral palsy, facial paralysis, spinal cord injuries and more. When negligence is involved in the birth of a newborn, it can result in brain damage caused by vacuum extractor misuse and forceps misuse or brachial plexus injuries caused by excessive force when handling a shoulder dystocia.

How do I hold the doctor responsible?

After a birth injury is acquired due to a doctor’s negligence, you will have to prove this negligence. You cannot just prove that they made a mistake since this can just be attributed to be an accident. Instead, their blatant negligence must be described. Negligence can prove that the doctor failed to uphold a certain standard of care that they were supposed to show and provide for the patient. This can show that they do not do everything in the best interests of the patient. An investigation into the doctor’s negligence will need to take place in order to prove your claim.

The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.

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