Determining whether or not a birth injury was the direct result of malpractice can be extremely complex.
Most of the time, birth injury attorneys will need to bring in medical experts, take a look at the investigation into the reasons behind the injuries and do a lot of other work to make a determination of whether or not it is worth it to sue.
There are some commonalities between these cases, however, that you should keep an eye out for. They can be an indicator of whether or not it is likely that you do have good reason to file a lawsuit.
Delayed cesarean sections are among the most-common reasons that people end up suing over medical malpractice during birth, and can lead to serious injuries such as hypoxic ischemic encephalopathy, or neurological disorders such as cerebral palsy.
Speak to an attorney if you believe you should’ve received a cesarean section before you did, and if you and/or your child suffered injuries as a result of that delay.
This is, unfortunately, very common. There are plenty of cases that have been successful that have argued that physicians should’ve known that the mother and child were in danger and should have ordered a cesarean section long before they did.
If you went through a difficult labor that physicians should have seen coming, you may also wish to speak to an attorney. Sometimes, you can determine beforehand that a labor is going to be extremely dangerous and that measures need to be taken to deal with that situation outside of having the mother give birth in the normal fashion.
If the physician failed to anticipate a difficult delivery, or failed to mitigate damages once a problem did arise, that can constitute medical malpractice.
A good attorney may be able to win you a jury award or a settlement that could help your child pay for the medical care that they will need resulting from their condition. Some of the most promising treatments available at present are also extremely expensive, and many families will likely not be able to afford them without getting compensation from the parties responsible.