Can I file a medical malpractice lawsuit for a birth injury?

Unfortunately, birth injuries can be a part of the childbirth process. Sometimes these injuries cannot be avoided due to complications during childbirth. A doctor may provide all they care they can to a patient, including the baby and the mother. However, these birth injuries can also be a direct result of a doctor’s negligence. When a doctor fails to do all they can to prevent a child from developing a birth injury, they may face a medical malpractice lawsuit. If they are failing to perform up to their standard of care, they may be held accountable for this by their patient. Patients expect a certain level of care from their doctor, especially if they have been using the same doctor for years. When doctor fail to take care of their patients due to negligence, it can have harmful effects.

What birth injuries can be caused by negligence?

During the process of childbirth, mothers are doing their best to listen to the doctor’s orders. Although they are in a lot of pain, they are worried about their child. They want a healthy baby to come into this world. However, there are situations that can happen that can result in an injury to the newborn. These injuries can include a variety of negligent acts that are done by the doctor that is handling the birthing process. For these cases, it is important for patients to remember acts of negligence by the medical professional that can prove they did not do all they can to prevent the injury from occurring. Birth injuries can include Erb’s palsy, cerebral palsy, facial paralysis, spinal cord injuries and more. When negligence plays a role in a doctor’s behavior in childbirth, 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.

To prove a doctor is responsible for your child’s injury during labor, you will have to prove that their negligence directly caused the injury to the child. This injury may be something that affects the child for the rest of their life. An investigation should be done to prove that the doctor was negligent. This investigation needs to be done to reveal what acts were committed.

If you are in need of experienced legal counsel for matters of personal injury, medical malpractice, medical device injuries, unsafe drug injuries, consumer protection, bankruptcy, SSD, or criminal law in New Jersey, please contact Tomes & Hanratty, P.C. and we will be happy to assist you.