A family is left reeling after a birth injury has left them with a lifetime of pain and complications. They insist that a doctor negligently inducing labor before going on vacation caused the baby to suffer substantial developmental delays, respiratory difficulties, along with her own lifetime infertility.
Birth Injury vs Defect
Birth injuries usually happen during or just after delivery. There are many different types of birth injuries. These range from nerve damage and broken bones to brain damage. In some cases, birth injuries are unavoidable. For example, babies born in the breech position can have brachial plexus injuries. These happen when babies raise their arms over their head during delivery. However, doctors and other medical professionals normally cause the majority of birth injuries. An example of this is a doctor improperly using forceps and damaging the baby’s cranial nerve. Other negligence can lead to a birth injury like failure to monitor the mother and child for signs of distress, prescribing dangerous medications, or inflicting physical trauma during delivery.
Unnecessary Induction & The Aftermath
When a mother at 36 weeks called her doctor and described what could be labor symptoms, he told her to come into the hospital. However, when she got there her contractions halted. Yet, the doctor insisted on inducing her anyway. When she resisted, he said that her symptoms may have mimicked pre-eclampsia. This could be a deadly high-blood pressure condition resulting in harm to the baby and mother.
However, the induction caused issues not only to the mother but also her newborn. The baby ended up spending multiple days in the NICU due to the unnecessary induction. Plus, the mother began to bleed heavily for weeks. It became so bad that her husband rushed her to the emergency room and needed a D&C to stop the bleeding. Because of the damage of the D&C, the mother can no longer have children. Plus, the baby now suffers developmental delays from the unnecessary induction.
Doctor’s Legal Duty of Care
After becoming a patient, doctors present a legal duty of care. This means they must treat using a standard of care. If a doctor fails to meet this standard, that’s a breach of their duty of care. Therefore, they can be held legally liable for any damage they cause. The damage can be during pregnancy by not monitoring for proper development. Failure to diagnose a dangerous infection can damage the baby’s brain.
Also, negligence can happen during delivery as well. When a baby becomes distressed from oxygen deprivation, this also leads to brain damage. If a medical professional pulls the baby through the birth canal with too much force, it can cause physical trauma. These injuries include damage to the brachial plexus nerves, cranial nerves, and spinal cord. It can also cause broken bones.
No amount of money can undo the harm or suffering caused by a birth injury. However, birth injuries are often lifelong complications that require consistent medical treatment and rehabilitation. Depending on the severity of the injuries, the financial costs associated with birth injuries can range from several thousand to over a million during the lifespan of a child with birth injuries.
For instance, according to the Centers for Disease Control and Prevention (CDC), the lifetime costs of child with cerebral palsy (CP) is around $1 million. The costs associated with a child who suffers hearing loss after a birth injury typically ranges around $400,00.
It is important to remember that if your child’s birth injuries are a result of medical negligence and carelessness, the medical staff, hospital, and/or physician may be liable for damages. A complex litigation attorney can help. At The Michael Brady Lynch Firm, our lawyers have decades of experience helping injured people get justice and full compensation for injuries caused negligence. The Michel Brady Lynch Firm regularly takes on the largest corporations in the world with a track records of proven success and results. Contact The Michael Brady Lynch Firm today, and our attorneys will review your case for free and help you protect your rights. For your complimentary consultation, call our office now.