Are All Birth Injuries Preventable?

When you are pregnant, you trust your obstetrician to do all that is necessary for the safe delivery of a healthy baby. Such physicians must undergo years of education, training, and practice before they can treat patients on their own. However, being an obstetrician demands the utmost diligence, understanding, and skill in every single case. If your doctor’s attention slips for even a moment, it can lead to disastrous results.

Having a baby that has suffered an injury during birth is devastating to both the child and your family. If you have good reason to believe that the injury owes to the negligence, carelessness, or recklessness of your obstetrician or the nursing staff that participated in the delivery, you do have legal options.

The Difference Between Injury and Defect

There is a difference between a birth injury and a birth defect. The latter is mainly caused by a genetic condition that your physician can do nothing about. Most birth injuries, however, are preventable, and they tend to be caused by physicians who are incompetent, impatient, negligent, or even too confident in their own abilities to seek help when it is needed.

Some of the most common birth injuries include:

  • Cerebral palsy

  • Erb's palsy

  • Brachial plexus palsy

  • Urological injuries

  • Other forms of nerve and brain damage

What Is Preventable and What’s Not

Every pregnancy is filled with complexities; some pregnancies develop complications. If a problem is spotted early enough, your obstetrician may be able to provide treatment that will ensure a safe delivery. In these instances, you and your family should be advised of the difficulties in the forthcoming childbirth well in advance, so that you have time to prepare.

Unfortunately, this is not always the case.

Why You Need A Medical Malpractice Lawyer

A preventable injury to your new-born baby in absolutely never okay. Once the hospital and the physician’s insurer has found out about it, they will launch an investigation into the matter. They will send representatives to interview you and may even offer you money in compensation.

One of the first calls you should make after discovering that your baby has been injured is to a medical malpractice lawyer. Before you sit down with hospital and insurance representatives, you should consult with a personal injury attorney who specializes in birth injury cases.

They will tell you what you can expect from the people representing the physician who injured your child. Your personal injury attorney will also stand by your side while you are questioned by them and will advise you on how to answer their questions. They will also review any cash settlement offered to you and help you determine if you deserve more than what they are offering.

If the injury to your child was relatively minor and can be reversed with proper treatment in a reasonably short amount of time, your lawyer may advise you to take the money—provided it covers the medical expenses, the income that you and your partner have lost, and the pain and suffering endured by your child.

However, if the injury was much greater, if your child has sustained life-altering injuries, then you should demand more money. If your request is refused, then you and your attorney may need to file a medical malpractice lawsuit.

What Your Lawyer Will Do

Medical malpractice cases regarding birth injuries can be difficult without an attorney at your side. These cases must be handled with great care. There are numerous ways a case can be derailed, and medical malpractice lawyers are the only ones who can anticipate and avoid mistakes that can lead to defeat.

The attorney you work with must have the resources to investigate the medical team that delivered your baby. They must all have knowledge of leading physicians who can analyze the facts of the case and give a sound and credible statement on what went wrong.

If your baby has sustained an injury at birth, you need legal representation. Don’t hesitate to contact The Haynes Firm at (423)451-4999for help obtaining the compensation you and your family needs.

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