Every parent wants their child to be born happy and healthy. While most are delivered safely, it is estimated that one in every 200 babies born in the United States will suffer a birth injury. If your baby is injured during your pregnancy or the delivery process, you may be able to seek legal recourse. Here, the birth injury attorneys at Parker, Pallett, Slezak & Russell explain what birth injuries are, how they differ from birth defects and the legal actions parents can take should their child be injured at birth.
Birth Injuries vs. Birth Defects
Birth injuries are avoidable complications that arise during the labor or delivery process. These may be due to a medical professional’s improper delivery technique, improper use of a tool, failure to explain the risks or hazards of a specific procedure and more. A baby may suffer a lack of oxygen, head or appendage injury or other harm, leading to serious medical consequences.
Birth defects are harm that a baby suffers before delivery. Some defects are genetic—and therefore largely unavoidable—but others are caused by environmental factors, such as the mother’s drug or alcohol use, medications the mother took or chemicals the mother was exposed to. While legal recourse may be available to mothers who were prescribed a medication without being given proper information regarding its safety, mothers who give birth to children with genetic defects, or defects caused by a mother’s informed choices, will likely be ineligible for legal recourse.
How Negligence Impacts Legal Recourse
A successful birth injury case will prove that a medical professional exhibited negligence when caring for the mother or child. Negligence is legally defined as a failure to use and adhere to a generally accepted standard of reasonable medical care, which results in damage or harm to another. While some birth injuries may be unavoidable, an error due to negligence will result in harm that could have been avoided if the medical professional had acted in the manner that most reasonable medical professionals would under similar circumstances. A birth injury attorney can carefully analyze the details of your case to determine whether negligence was the cause of the harm your child suffered.
The Medical Malpractice Attorneys at Parker, Pallett, Slezak & Russell Want to Fight for Your Rights
Birth injuries can cause serious emotional and physical damage to both a child and its parents. These injuries can potentially result in thousands of dollars of medical care, sometimes for the duration of the child’s life. At Parker, Pallett, Slezak & Russell, we believe every family deserves safe and appropriate medical care, free of negligence and egregious errors. Our dedicated attorneys have the experience and knowledge necessary to carefully analyze your case, and fight for the rights of your family and your child. If you experienced negligent care during pregnancy, labor or delivery that resulted in a birth injury, we urge you to contact us today for a consultation.