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Welcoming a new baby into the world is one of the most special moments in life. It carries so much promise and hope for the future. But when something goes wrong during childbirth, it can leave families feeling shattered and searching for answers. Birth injuries are devastating and can have long-lasting effects on your child’s health and your family’s financial stability. If your baby’s injury stems from negligence, it may count as birth injury malpractice—a legal term that opens the door to seeking accountability and justice.
If you’re unsure whether your situation qualifies or how to start addressing it, don’t worry.
What Is Birth Injury Malpractice?
Birth injury malpractice occurs when healthcare providers fail to meet the standard of care expected during childbirth, resulting in harm to the baby or the parent. It’s important to understand that not all birth injuries qualify as malpractice. Childbirth is a complex process, and unfortunately, not every bad outcome is someone’s fault. However, when medical negligence plays a role, it is crucial to recognize it.
Here are some examples of actions or inaction, that could be considered malpractice:
1. Failure to Monitor the Baby’s Vital Signs
Healthcare providers are responsible for closely monitoring the baby’s vital signs for signs of distress during labor and delivery. Ignoring or missing issues like oxygen deprivation (fetal distress) can cause conditions such as birth asphyxia or even brain injuries like cerebral palsy.
2. Improper Use of Medical Tools
Using medical devices like forceps or vacuum extractors can be helpful in certain situations, but improper use of these tools can lead to head, brain, or nerve injuries. For instance, excessive force can cause brachial plexus injuries, which affect the baby’s ability to move their arms or shoulders.
3. Failure to Perform a Timely C-Section
When complications arise during labor—such as prolonged labor or fetal distress—a Cesarean section may become necessary. Delaying or failing to perform a C-section when medically necessary can result in serious harm to both the baby and the parent.
4. Medication Errors
Prescribing inappropriate medications, giving the wrong dosages during labor, or using unsafe anesthesia techniques can all lead to complications affecting the baby’s well-being.
5. Failure to Address Known Risks
If healthcare professionals fail to note or act on preexisting risk factors for the parent or baby—like maternal infections, high blood pressure, or gestational diabetes—they may be considered negligent.
If you’ve experienced any of these situations and your baby was harmed as a result, it’s worth exploring whether malpractice was involved.
What Are Parents’ Legal Rights in Birth Injury Cases?
Discovering that medical negligence caused your newborn’s injury can be heartbreaking, but it’s important to know you have legal rights. The law allows parents to pursue compensation and accountability when malpractice occurs. Here’s what you’re entitled to:
1. Compensation for Medical Expenses
If your child’s injury results in ongoing medical treatment, therapy, or specialized care, you can pursue compensation to cover these costs. This includes surgeries, rehab, or assistive devices your baby may need.
2. Lost Wages for Parents
Many parents find themselves needing to take time off work—or even leave their jobs entirely—to care for an injured child. The law allows families to recover lost wages as part of their claim.
3. Non-Economic Damages
Birth injury malpractice doesn’t just create financial strain; it takes an emotional toll, too. Compensation can also cover non-economic damages, such as pain and suffering, emotional distress, and loss of quality of life for both you and your child.
4. Accountability for Negligence
Filing a malpractice claim isn’t just about medical bills—it’s also a way to hold healthcare providers accountable. It can encourage hospitals and doctors to improve their practices and prevent others from experiencing similar harm in the future.
Steps to Protect Your Newborn’s Future
If you suspect that malpractice played a role in your baby’s birth injury, acting quickly and thoughtfully is key. Here are some steps you can take:
1. Gather Medical Records
Start by obtaining copies of all relevant medical records from your prenatal care, labor, and delivery. These documents are critical for understanding what went wrong and whether negligence occurred.
2. Seek a Medical Opinion
Consulting with a trusted medical professional who specializes in birth injuries can help you assess whether your child’s injury is linked to malpractice. They can provide insight into what should or shouldn't have happened during delivery.
3. Document Everything
Keep a detailed record of any further complications, medical appointments, developmental challenges, or expenses related to your baby’s injury. This documentation will strengthen your case if you decide to move forward with legal action.
4. Consult an Experienced Attorney
Navigating the legal complexities of birth injury cases can be overwhelming on your own. An experienced medical malpractice attorney can help you understand your rights, determine whether malpractice occurred, and guide you through filing a claim.
5. Focus on Your Baby’s Recovery
Finally, don’t lose sight of what’s most important—your child’s health and well-being. Seek out early intervention programs, therapies, and support groups to help your child thrive, even in the face of challenges.
Denver Birth Injury Lawyer
If you suspect that your child has suffered a birth injury due to medical malpractice, it's essential to seek expert legal guidance. At Denver Trial Lawyers®, located in Denver, CO, our experienced team is dedicated to helping families navigate the complexities of birth injury cases. We offer compassionate support and a proven track record of success. Contact us today at (303) 647-9990 to discuss your case and explore your options for securing justice and compensation for your child's future.
