A report published by the U.S. Department of Health and Human Services shows that, in 2022, payouts for medical malpractice lawsuits totaled well over $4 billion. Like many others affected by medical malpractice, you and your family might be entitled to financial compensation if your child’s birth injury was the result of medical malpractice.
Medical Malpractice and Birth Injury Cases
Birth injuries, as they pertain to medical malpractice, take place when a medical professional or facility makes a mistake that causes an injury to the mother or her baby before, during, or just after the birthing process.
Birth injury lawsuits are one of the leading types of medical malpractice claims in the United States. Unfortunately, a single mistake during gestation, labor, or childbirth can lead to a child developing cerebral palsy, Erb’s palsy, and numerous other medical conditions.
Medical Malpractice and Cerebral Palsy
Cerebral palsy is a group of disorders that impact a patient’s movement and muscle coordination. Cerebral palsy is commonly the result of brain damage that occurs prior to, during, or immediately after birth. When a medical professional makes an error that causes fetal brain damage, it could be considered medical malpractice.
Some examples of medical negligence that could lead to cerebral palsy include:
- Excessive yanking on the infant’s head during a stalled delivery
- Failure to identify or properly respond to indications of fetal distress
- Failure to identify or properly treat a maternal infection
- Unnecessary or improper use of assistive delivery devices, such as vacuum extractors or forceps, leading to complications
Cerebral palsy has no cure, and many children who develop this condition will have to learn to cope with lifelong intellectual and physical disabilities.
In 2019, the Journal of Managed Care & Specialty Pharmacy calculated that children who have cerebral palsy require an average of $22,383 in medical care annually; a staggering number, especially when compared to the $1,358 annual average for children who do not have cerebral palsy.
Medical Malpractice and Erb’s Palsy
Erb palsy, also known as Erb-Duchenne paralysis, is a paralysis of the arm due to an injury to the main nerves supplying it, specifically, the brachial plexus nerves. The brachial plexus is a web of nerves that connects the shoulders and arms to the spine. If this nerve bundle is injured, paralysis and muscle weakness can occur. While Erb’s palsy is, in some circumstances, unavoidable, it is sometimes the result of medical malpractice.
Some examples of medical negligence that could lead to Erb’s palsy include:
- Using unnecessary force or yanking on an infant’s shoulders during vaginal delivery
- Twisting an infant’s neck and head as they are leaving the birth canal
- Using undue force to pull on an infant’s feet during a breech birth
With appropriate and timely treatment, most children are able to make a complete recovery from Erb’s palsy. However, this recovery often involves intensive and time-consuming occupational or physical therapy for as long as needed. Due to this, unsuspecting parents often find themselves facing exorbitant and unanticipated medical expenses as well as taking time off of work above and beyond what was expected in order to care for their baby.
Other Birth Injuries Caused By Medical Malpractice
Medical professionals who are specially trained in labor and delivery are liable for the safety of their patients. If they fail to do so, the newborns they bring into the world can be severely injured.
Some other birth injuries that can be caused by medical malpractice are:
- Brain damage
- Hypoxic-ischemic encephalopathy (serious brain damage resulting from a lack of blood flow or oxygen)
- Kernicterus ( brain damage resulting from untreated jaundice)
- Periventricular leukomalacia (injury to the subcortical tissue of an infant’s brain)
- Spinal cord injuries resulting from physical trauma
In addition, in cases of prolonged or stalled labor, obstetricians might choose to use assistive delivery devices such as forceps or vacuum extractors. While these devices are generally safe, unnecessary or improper use can lead to serious complications.
Filing a Medical Malpractice Lawsuit
If your child developed a condition that you suspect was caused by medical negligence during labor or delivery, you could be entitled to pursue financial compensation via a birth injury medical malpractice lawsuit.
In order to do so, your birth injury attorney will have to show that a member of your birthing team was negligent and that negligence caused injury to your child.
To be successful, a birth injury lawsuit must prove that:
- The care provided by the medical professional in question did not meet the standard of care
- This substandard care was the direct cause of your child’s birth injury
- As a result of your child’s birth injury, you incurred damages, including medical bills, lost wages, and pain and suffering
An experienced birth injury lawyer will be able to collect evidence, like eyewitness statements and medical records, and use them to build the strongest case possible on your behalf. They will also be able to supply testimonies from expert medical witnesses who can prove that you and your child did not receive proper medical care.
Talk to a Dallas Birth Injury Lawyer
To find out if you have a valid birth injury case, contact an experienced lawyer specializing in these types of cases. The Dallas birth injury lawyers at Rasansky | McKenzie Law can assess your medical records, establish what type of negligence was committed and by whom, and file a lawsuit seeking maximum compensation for you and your child. Call (214) 651-6100 to schedule your free consultation.