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Recent data from the Center for Disease Control (CDC) shows that six out of every one-thousand babies born in the United States suffers from birth trauma. Babies are delivered by a variety of specialists such as gynecologists, obstetricians, midwives, and neonatologists. These professionals have a legal obligation to maintain an acceptable standard of care when caring for mothers and infants. While some birth injuries are unavoidable, others may have been caused by negligence on the part of a medical professional or facility.
There are many common mistakes doctors can make during the birthing process that can contribute to a birth injury. This can include the incorrect usage of forceps or using excessive force to remove a child from the birth canal. Additionally, the incorrect dosage of medicine can be given, which can prevent the mother from pushing effectively, which can lead to oxygen deprivation. If doctors fail to recognize fetal distress and perform a cesarean section in time, the child could suffer long-term and debilitating injuries.
Any minor mistake made during birth can lead to life-long consequences and exorbitant medical costs to care for the injured child. Families who are suffering because of medical negligence may be entitled to compensation to help cover these costs. Medical malpractice is a term used to describe the consequences when a doctor deviates from a medical standard of care and causes unnecessary harm to a mother or child. For a birth injury or medical malpractice lawsuit to be valid, both negligence and proof of injury must be present. If one of these variables is missing, a lawsuit is not viable, but it is possible to file a complaint which can cause the responsible medical professional to lose hospital privilege or their license.
Parents with a newborn injured at birth should immediately seek remedial care to both help the child and document the injury. The next step should be to hire a reputable lawyer to represent the case. Both the doctor and hospital can be held liable for birth injuries. However, these entities are almost always backed by expensive and powerful legal teams, making it critical to hire an experienced birth injury lawyer with a proven record of success handling these types of cases.
Doctors often deny negligence, and if they are independently contracted with a hospital, it can be exceedingly challenging to file a lawsuit against the hospital. The attorney needs to provide evidence that the hospital knew the doctor in question had a reputation for making frequent mistakes during childbirth. Similarly, if a doctor is employed by the hospital and acted within the scope of his employment, the hospital can be held solely liable for the birth defects even though they were not directly responsible. Midwives can be treated in a similar manner, and an attorney must prove their negligence directly contributed to the defect.
If your child has suffered a birth injury due to medical malpractice or negligence, it is essential to have a reputable lawyer in place. At Folkman Law Offices, P.C., our trusted team of South Jersey birth injury lawyers is committed to your success. We have convenient office locations in Cherry Hill, New Jersey, Philadelphia, and King of Prussia, Pennsylvania to serve clients throughout the region. Call us for a free case review today at 856-354-9444 or submit an online inquiry.