Some of the most common serious birth injuries to newborns are
Mothers are also at risk for birth injuries. Women who receive insufficient monitoring and care during labor and delivery can suffer seizures and strokes from spikes in blood pressure (preeclampsia), life-threatening blood loss, or infections from improperly sterilized equipment.
Fortunately, birth injuries occur rarely. Across the United States, only about 5 in 1,000 newborns suffer any physical or brain injury during delivery. Mothers are even safer. U.S. birth injuries rates for women are lower than 1 in 1,000.
When a birth injury does occur, however, it devastates a family. Not only does the mother or child suffer from what could be a preventable medical error, the victim can face a lifetime of pain, physical disability, intellectual deficits, and therapy. When such a tragedy happens in Cleveland, Ohio, partnering with a medical malpractice lawyer to secure compensation and monetary damages represents the best way to achieve justice. In some cases, payments for the emotional distress experienced by the child or the parents may also be warranted.
Proving a Birth Injury Resulted From Medical Malpractice Is Difficult
Succeeding with any type of medical malpractice claim requires proving three things:
Negligence by a doctor, nurse, anesthesiologist, pharmacist, or health care facility comes down to not following widely recognized treatment protocols or adhering to safety regulations. Recklessness could mean providing care while drunk or on drugs.
As an example of how the three criteria for proving malpractice in a birth injury case could be met, think of a baby who had only normal prenatal test results but was diagnosed with cerebral palsy after being born. If evidence shows that the obstetrician who managed the birthing team failed to order sufficient oxygen monitoring or to respond quickly when an airflow problem was detected, a claim for malpractice could succeed. The parent who brought the claim on behalf of the child and an Ohio medical malpractice lawyer would still need to convince a judge or jury that the developmental disorder did not originate in the womb, though.
If you think you might have a birth injury claim, request a free consultation with a Cleveland, OH, medical malpractice lawyer at Agee Clymer Mitchell & Portman. Call us at (800) 678-3318 or schedule an appointment online.