Representing Children Who Sustained Unnecessary Birth Injuries
When you learn you are pregnant, you are likely focused on preparing your home for the baby, taking parenting classes, and thinking about the changes that will be brought with the new addition to your family. Yet the same time, your doctor’s focus should be on your prenatal care, which includes identifying any possible risk factors that may indicate the possibility of a birth injury to your baby.
No parent wants to hear that there is a risk that the baby may be injured during birth. However, acknowledging these risk factors is essential and can be significantly beneficial to your baby and your family. This is because when risk factors are known, you and your doctor can prepare and proceed throughout your pregnancy in a manner that aims to prevent any birth injuries whenever possible.
At Dolman Law Group, we know that sometimes, doctors fail to sufficiently address all existing risk factors for birth injuries. As a result, many infants suffer avoidable birth injuries. If your child sustained a birth injury that you believe may have been prevented, please do not delay in calling our legal team for information about how we can help you.
Doctors Should Identify Birth Injury Risk Factors
Part of a doctor’s job when providing prenatal care to a pregnant patient is to determine whether any particular risk factors exist that may result in a birth injury. Some common risk factors can include the following:
Size or shape issues – Delivering a baby can be difficult if a baby is overly large (fetal macrosomia) or if the mother’s pelvis is shaped in a manner that makes birth difficult. In such situations, a mother may push and push for hours trying to deliver a baby with no success. If a baby is stuck in the birth canal for an extended period of time, it can be put under trauma, deprived of oxygen, and may suffer compression of the brain. All this can lead to birth injuries that can cause severe physical, cognitive, and developmental impairment. In addition, if a doctor chooses to assist a difficult delivery by use of forceps or a vacuum, the child is also at risk of birth injury if the tools are used improperly.
Delivery positions – Just as size and shape of the baby and mother are important for a smooth delivery, so, too, is the positioning of the baby just before delivery. If the baby is in certain positions, it can be nearly impossible to have a successful vaginal delivery, no matter how long you try. Your doctor should always inform you when your baby is in an abnormal position for delivery so you can discuss whether a C-section is appropriate.
Medical conditions of the mother – Pregnant women can develop many types of medical conditions that can endanger both their child and themselves. When such conditions are properly diagnosed, treatment may be available to mitigate the risks of complications and birth injuries. Even if a condition cannot be treated, a doctor can carefully monitor a patient and manage the condition as best as possible, including by inducing an early labor or scheduling a C-section.
Birth defects – A wide range of birth defects can present the risk of injuries to a child during or after birth. Doctors and hospital staff should always adequately prepare to address the birth defect immediately after the birth to ensure continuous breathing, a healthy heart rate, and the functioning of other critical organs.
Risk of preterm labor – Doctors should also identify when a pregnant woman seems to be at a high risk for premature labor and delivery. There are many health risks to a baby who is born too early, so doctors often restrict mothers to bed rest to try to prevent preterm labor. If labor does occur prematurely, the doctor should take every measure possible to protect the health of the child and mother from birth injuries.
Losses Resulting From Birth Injuries
Unfortunately, sometimes, certain risk factors are ignored and a baby or mother is unnecessarily injured as a result. When a doctor should have addressed a certain birth injury risk factor but failed to do so, and harm occurs as a result, that doctor’s error may be deemed negligent. In such cases, anyone injured by the negligence has the right under Florida law to file a claim for medical malpractice.
While a legal claim will not take you back in time to avoid the birth injury, it can seek compensation from the negligent doctor or hospital for your losses, which may include:
- Unnecessary medical expenses
- Costs of ongoing treatment
- Physical and emotional pain and suffering
- Lost income
- Permanent impairments
At Dolman Law Group, we will identify all of your relevant losses so you can recover the full value of your claim.
Contact a Skilled Clearwater Birth injury Lawyer For a Free Consultation
Identifying risk factors as early as possible in a pregnancy can be beneficial for everyone involved so you can make a plan for a labor and delivery that is as safe as possible. If your doctor fails to notice risk factors or inform you of them, and injury occurs as a result, your doctor should be held responsible for his or her negligence.
The birth injury attorneys at the Dolman Law Group know how to stand up for the rights of children who have sustained unnecessary and avoidable birth injuries, as well as the rights of their parents. We understand the complex legal process involved in this type of claim and will skillfully guide you through your case to help you seek the compensation you deserve for your losses.
If your child suffered any type of birth injury, you have nothing to lose by discussing the possibility of a medical malpractice claim with our experienced birth injury attorneys. Call our Clearwater office at 727-451-6900 or contact us online today for assistance.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765