Birth Injury Negligence

Birth injuries are one of the most damaging out comes caused by a medical negligence. A mere carelessness on part of gynecologist or paramedical staff can turn the joyous birth moments into a lifelong tragedy for newborn and his family. As pregnancy and child birth require to be dealt with highest care and medical expertise, any medical malpractice proves catastrophic in this regard – if standard precautions are negligently disregarded, or medical practitioners lack relevant experience,  the newborn could face traumatic injuries that might affect his/her entire life in form of various disabilities.

The child expectancy and deliverance carry inherent complications that have been the cause of various problems for the expectant mothers and newborns, particularly in less developed areas where lack of appropriate medical facilities and qualified doctors have further added to these problems. With medical advancements and innovative procedures, though these dangers have largely been eradicated, however, negligent medical care is still the cause of birth injuries. Despite all high-end medical technology and detective equipment, practitioners are human who can commit errors during their practice. But thanks to medical negligence law that allows the victims to sue their doctors whose carelessness has caused them injuries. This law holds all negligent medical professionals liable for their mistakes.

Unlike other injuries, birth related issues are more serious and lasting for the child and his family. These injuries may be due to gynecologist’s mistakes in anticipating and handling potential complications in child birth. Obstetrics also have an important role in delivery process with neonatologists who are in charge of newborns’ intensive care after their birth. It is either practitioner’s failure in identifying the potential risks or inappropriate handling of the pregnancy complications that result in birth related injuries.Often the need for cesareandelivery is not timely apprehended by doctors, or sometimes nurses negligently delay in administering Pitocin to induce the labor. It might be the aggressive use of vacuum extraction or forceps causing damages to baby’s nerves. All these are some of the possible triggers for birth injuries.

Whatever the specialty is, medical treatment must be given according to the established standards. All of those birth injuries that are caused by poor standard medical care or treatment fall under the category of medical negligence. The malpractice law then entitles the birth injury victims to pursue a negligence compensation claim against the offending practitioners. The negligence claim can be filed against a careless doctor, a nurse, or the hospital wherein negligence incident occurred. Hospital is always held responsible for employing such negligent medical staff. But it is often difficultto establish negligence cases against a hospital since its administration would not admit their mistakes. Even for the sake of their reputation, the hospitals alter patient’s medical record in order to falsify their negligence claims.

As per malpractice law, the negligent practitioners are liable for all the damages to mothers and children occurred before, during or after the birth process. Since birth related negligence might injure both mother and her newborn, both victims are to be compensated accordingly. Sometimes birth injuries are minor and temporary, but most of the time serious damages occur that need instant medical help as well as lifelong care. All costs required to improve and ease the life of victims are to be paid by offending party. If a child faces some permanent disability such as cerebral palsy or other brain injury, he/she must be provided with lifelong care and maintenance charges. However, it all depends upon proving negligence and showing how much future care costs will be needed by the victims. Sound medical records and expert legal assistance proves greatly helpful in winning birth injury compensations.