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Parents should understand their rights in birth injury cases

| Jun 7, 2017 | Birth Injuries

Looking forward to the birth of a baby is something most parents spend nine months doing, with each of those months being full of excited anticipation for the growing baby to join their father and mother outside the womb. That excitement, hope4, and love makes it all the more devastating when something goes wrong and birth injuries occur. If those injuries are a result of medical malpractice, the parents, on behalf of the baby, will undoubtedly want to pursue a legal case.

One way problems can occur is when a physician neglects to accurately recognize hypertension and other pregnancy disorders. Alternatively, a physician may not perform a cesarean section when one is needed, improperly use a vacuum or forceps or make a poor assessment of the baby’s prenatal health. In each of those cases, a medical malpractice lawsuit can be filed that includes the physician, other medical practitioners who were involved and the hospital or other medical facility where the alleged medical malpractice happened.

Cases where problems occurred due to prescription drugs are also grounds for a suit. If the prescription of the drug was overseen by a physician and a pharmacist, the parents may be able to file suit against both along with the company that manufactured the drug.

When a baby’s birth has complications, parents should determine whether their child’s condition is a birth injury or a birth defect. If it was avoidable, it was a birth injury. But if it was genetic, it was a birth defect. For example, cerebral palsy can result due to insufficient oxygen having been supplied during labor, making it an avoidable condition and therefor a birth injury. However, cerebral palsy can also be caused by genetics or by other biological conditions for which medical practitioners were not responsible, making it a birth defect in these cases. Parents who suspect that their baby may have a birth injury should bring all the documentation they have to their attorney.


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