Compensation For Birth Injuries
For some soon-to-be parents, becoming a mom or dad has been a life-long dream. Throughout our lives, having a family has been the ultimate goal to reach. What we never anticipate in our dream is something going astray due to medical negligence. If your child has suffered injury as the result of medical malpractice during pre- or post-natal testing or the labor process, you may be entitled to legal action. Contact the Anaheim injury attorneys at Mashney Law at (714) 535-5090.
A pregnant woman goes into a hospital or birthing center expecting the best. Sadly, that doesn’t always happen.
A birth injury can result when there is a disruption of oxygen to the brain of the infant during his birth, whether still in utero, during, or after the birth. If the physician cannot respond quickly enough or delivers delayed or substandard care, such as waiting too long to order a cesarean section, a birth trauma can result.
Mothers Suffering From Birth Injuries in California
It wasn’t that many years ago when giving birth carried a high risk of death for the woman and the child. The failure for a birth to proceed leaves the woman in immense pain and could indicate the child is in trouble. If the birth does not proceed, the physician needs to move things along by breaking the woman’s water, perhaps giving drugs that will encourage contractions, and if the birth still does not occur, lastly by performing a c-section. After the birth, whether vaginally or by c-section, the woman must be monitored for infection. In the hospital the child should be tested for staph.
In the event of health complications concerning the mother, such as excessive bleeding, fetal distress, umbilical cord entrapment, or a larger birth than expected, doctors must respond quickly and appropriately. Hospital staff are trained and experienced in various emergency procedures in the event that dangers arise during labor. Should medical professionals fail to recognize the dangers or begin the right procedures, serious injury or even death may result.
Often, doctors will be called on to make the right decisions at a moment’s notice in the midst of labor in order to prevent further complications from arising. However, failure to order or a delay in ordering a cesarean section (C-section) can endanger both mother and child. Additionally, the misuse of vacuum extractors or forceps during delivery can cause serious injuries, even though these tools are meant to aid in the birthing process.
At any point during the birth, infection can occur, the woman or child can experience a drug reaction, or the mother can experience health complications. However, not every bad outcome constitutes medical malpractice.
Failures that could indicate medical malpractice may include untreated prolapsed or umbilical cord compression, unattended fetal distress resulting from pressure on the umbilical cord, placenta damage, dystocia where the baby is stuck in the birth canal, and brain injury.
Common Types of Birth Injuries
Doctors, nurses and technicians are expected to follow prescribed procedures and adhere to accepted standards of medical care. If they make a preventable mistake due to lack of training, distraction or inattention, they may held liable for the injuries a child suffers. Some common forms of birth injury caused by medical negligence or which you may take legal action include:
- Cerebral palsy
- Shoulder dystocia/Erb’s palsy
- Brain malformations
- Down syndrome
- Cystic fibrosis
- Failure to read ultrasounds correctly
- Heart defects
- Limb malformations
- Sickle cell anemia
- Spina bifida
- Tay-Sachs disease
As there are many factors to a safe and injury-free birth, there are many ways in which medical malpractice can seriously harm a child or a mother during labor. While medical professionals are meant to focus on the safety of mother and child, serious errors regularly arise and cause major losses in California and across the country.
Not all births turn out well. Birth injuries can occur even when a physician delivers the best possible care.
But in the case of an avoidable and preventable outcome, where a reasonable standard of care was not provided during the birth of a child, the California birth injury attorneys at Mashney Law can help.
Contact the Anaheim Birth Injury Attorneys at Mashney Law.
An injury to your baby equates to an injury to you and your entire family. In the event that your child was injured as the result of a preventable mistake on the part of medical staff, you may be able to pursue compensation for damages such as present and future medical bills, loss of future income, pain and suffering, at-home care, loss of quality of life and others. At Mashney Law, our Anaheim birth injury attorneys are committed to protecting you and your family and can help you understand your legal rights and options.
Our Anaheim birth injury attorneys are equipped to handle all types of birth injury investigations which may include the hiring of medical experts to determine whether your child’s injury was avoidable. You will want to contact an attorney in a timely manner because there is a statute of limitations on filing medical malpractice cases in California. The longer you wait, the more difficult it may be to file a claim.
Our Anaheim medical malpractice lawyers are always available to consult with you on the birth of your child.