Do I Have a Birth Injury Malpractice Claim?
Complications in childbirth can happen in an instant. The decisions made by a physician are often the difference between life and death. There is little margin for error and an OB/GYN needs to act in a timely manner to save lives and prevent injury. Unfortunately, physician negligence during the delivery is one of the most common instances of medical malpractice. According to the Healthcare Cost and Utilization Project (HCUP), there are nearly 160,000 avoidable childbirth injuries each year suffered by mothers and/or infants.
Birth injury malpractice occurs when the inaction or wrong decisions of an OB/GYN directly causes otherwise preventable harm to the mother and/or newborn.
Some of the most common types of birth injuries include bone fractures, spinal cord injuries, cerebral palsy, perinatal asphyxia, cephalohematoma, facial paralysis, and wrongful death. In some instances, birth injury malpractice takes place due to a physician’s failure to act and administer necessary care. Negligence can occur when the physician waits too long to deliver the newborn. This might result in the deprivation of oxygen, which can cause brain damage, Erb’s palsy, paralysis, and other nerve-related conditions. The negligence of an OB/GYN also includes the failure to diagnose symptoms, misdiagnosis, and the improper monitoring of pre-birth conditions. The actions of a physician can also result in birth injury malpractice. Improper C-section procedures or the careless use of forceps can result in tears, fissures, broken bones, and significant damage to the uterus, bladder, and internal organs.
Victims of birth injury malpractice must show a direct correlation between the action or inaction of the physician and the childbirth injury. This is why it’s so important to have a dedicated birth injury attorney to represent your case. Prochaska, Howell & Prochaska have years of experience in successful litigation in birth injury malpractice. Our birth injury attorneys offer personalized representation to make sure you receive a fair settlement. Please call our offices today for a consultation, so we can help your family recover from this terrible tragedy.