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Birth injuries result from a variety of situations and manifest themselves in various ways. Doctors and obstetricians may fail to properly screen mothers for high-risk conditions, such as high blood pressure, obesity, diabetes, epilepsy, thyroid disease, or infections resulting in difficult childbirth. Contact us today to see what steps you can take. We interview medical experts and uncover key evidence to determine if the medical professionals in question were negligent. One solid defense for holding a hospital liable for a birth injury is to prove that the hospital knew or should have known the independently contracted negligent physician had a history or reputation for negligence and made the choice to allow the doctor to deliver babies anyway. How Long Can You Wait After Birth Injury To Sue? | MedicalMalpracticeHelp.com. Loss of income for you or your child. Examples of covered expenses may include medical care, co-pays, assistive equipment, physical or cognitive therapy, at-home nursing care, prescription medications, handicap modifications to the child's home, transportation to and from medical appointments, and supplies that are medically necessary but not covered by another source, such as insurance. Here's what you need to know: Hospitals Can Be Sued for Malpractice. Syphilis infections. When health care professionals or the institutions they work for cause a patient harm through negligence, inappropriate action, or inadequate treatment, they may have committed medical malpractice. Failing to recognize symptoms of illness or injury. Trial: If the legal teams can't reach a settlement, then they will argue their case to a judge or jury.
Babies may be diagnosed with this condition if one side of their neck is stretched while exiting the birth canal. Contact our experienced team for a free case review and get started now. How Will I Know How Much to Settle For? If your care was substandard, below the the standard of care expected, suing the responsible parties can help prevent the same harm from happening to another child - your injury lawyer fights on your behalf to hold them responsible for the suffering of your baby. A medical professional will only be found to be at fault legally if it is shown that his or her conduct fell below the appropriate standard of care. As a result, birth injury lawsuits typically result in high settlement amounts or verdicts. Perinatal asphyxia: The result of perinatal asphyxia is seizures or coma and can occur when babies receive insufficient oxygen at any point in the birthing process. They use forceps to grip the baby's head and try to reposition and guide the baby through the birth canal. Tennessee has the 6th highest infant mortality rate in the country, according to the Centers for Disease Control & Prevention (CDC). Knoxville Birth Injury Attorneys | Gilreath & Associates. Traumatic birth injuries are a type of medical malpractice lawsuit, and depending on the cause of your injury, your case may branch into other areas of personal injury law. According to the Centers for Disease Control and Prevention (CDC), about 7 in 1, 000 children are born with a birth injury.
The type of injury that an infant might experience will vary greatly depending on the circumstances of their birth. What Type of Damages Come From Birth Injuries? Expert testimony, for example, can make or break a birth injury case. The most common ones include: Medical malpractice may arise when a doctor fails to assess and respond to conditions of the mother that could lead to birth complications. Can you sue a hospital for traumatic birth meaning. While traumatic birth injuries are devastating, unexpected, and challenging, not every instance of a traumatic birth injury will qualify for a lawsuit. The difference between a birth injury and a birth defect is an important legal distinction.
Consequently, immediate surgical delivery may be recommended as a safe alternative to vaginal birth. The fund applies to live infants weighing: - at least 2, 500 grams at birth for a single gestation. During pregnancy, a doctor can be medically negligent by: - Using too much force to pull the baby during delivery, results in broken bones or nerve damage. Not acting promptly in emergency situations can cause severe short- and long-term birth injuries. Before you decide, ask us to send you free written information about our qualifications and experience. Conditions that may lead to complications during birth if not treated/controlled include: - Diabetes. Can You Sue for Birth Injury? | Get a Free Case Review Now. It can be developed during birth or be caused by a brain injury during pregnancy, or immediately following pregnancy. These can be errors in the doctor's screening, prescribing medications during pregnancy, and failing to address risk factors before birth. Vacuum extractors are also used in difficult deliveries to help deliver the baby out of the mother's womb. Even as you move through the grief of suffering an injury in what would otherwise be a monumental point in your life, your medical malpractice lawyers can help you seek legal action. McGowan, Hood, Felder & Phillips, LLC, provides experienced legal advice to clients in South Carolina birth injury cases. High or low blood pressure. Delayed birth (labor lasting more than 18 hours).
Lost parental wages. Forceps are helpful when birth progress is not as expected. In Tennessee, birth injury lawsuits must be filed within 1 year from when the injury was discovered—either at birth or later. NICA serves as a reimbursement plan for the families who qualify. This places incredible financial burdens on families and a birth injury lawsuit may provide necessary compensation, including: - Medical bills, rehabilitation, and long-term care. Can you sue a hospital for traumatic birthday. Birth Injuries to the Child. Share the details of your case today.
It provides general information and a general understanding of the law but does not provide specific legal advice. In fact, these multi-million dollar healthcare facilities often fight to the bitter end when accused of malpractice. Since broken collarbones heal quickly with few problems, the biggest consideration is pain control for the newborn. Birth trauma is damage that occurs to the baby's body and brain during a difficult birthing process. When birth trauma occurs as a result of negligence or medical incompetence, it can constitute medical malpractice. Associate - Medical negligence. Only a few decades ago, delivery doctors were routinely taught to break the collarbone and deliver the baby whenever it got stuck in the birth canal. Nevertheless, mothers can also sustain serious injuries during childbirth when care providers act negligently or recklessly. Transportation equipment. If the drugs cause injury, she may have a claim against the medical professionals who provided the prescription.
To schedule a free consultation, call the office at 855-296-0828 or use our contact form. Our Past Verdicts & Settlements. 5 Damages You Could Recover for a Birth Injury That Affects the Mother. If you or your baby have been harmed as a result of hospital or doctor negligence, we may be able to help you recover the compensation you deserve. 1 (800) 637-7024or fill out the form below. Or, the mother's pelvis may be the wrong size or shape for an easy delivery, resulting in prolonged labor.