Can a birth injury be considered medical malpractice?

When parents are expecting the birth of a child, they are filled with a mix of emotions. They spent the last nine months preparing for the child’s birth. They bought the right clothes, a crib and any toys the child would need. Now, it is time for their family to be united. However, births don’t always go as planned. Sometimes these complications are out of the control of healthcare professionals. Other times, they may be caused by the negligence of a doctor. If your child has suffered from a birth injury due to negligent behavior, you may be able to pursue a lawsuit against the doctor from delivery. This can be considered medical malpractice on the doctor’s behalf.

What are some birth injuries due to negligence?

Birth injuries can refer to a wide range of injuries that can result from the miracle of life. These 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 for the birth injury?

To prove the doctor was liable for the injury, you will have to establish negligence on their behalf. Since mistakes can happen in any medical context, it is important to note the negligence that caused this effect. Otherwise, it may not qualify as medical malpractice if it is just seen as a mistake. Negligence can prove that the doctor failed to uphold a certain standard of care that they were supposed to. This can show that they do not do everything in the best interests of the patient. The investigation into the medical professional’s negligence is needed to prove the case. We understand how hard these times can be when it involves your child. We want to help alleviate any stress by fighting on your behalf. This can help to get you compensated for the medical bills that have accumulated from your child’s birth injury and to have aid for their future.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.