The birth of a child is supposed to be a joyful milestone, but when complications arise due to someone’s negligence, it can quickly turn into a heartbreaking ordeal. Birth injuries can have lifelong consequences for your child, and understanding whether a healthcare provider’s actions amount to malpractice is essential for protecting their future.
If you suspect malpractice played a role in your baby’s injury, you’re not alone, and you have options.
What Is Birth Injury Malpractice?
Birth injury malpractice occurs when a medical professional’s negligence during pregnancy, labor, or delivery causes harm to a baby. While not all birth injuries are the result of malpractice, those that could have been prevented had the healthcare provider exercised reasonable care may qualify.
Key Elements of Birth Injury Malpractice:
- Duty of Care: The healthcare provider had a responsibility to provide proper medical care based on accepted medical standards.
- Breach of Duty: The provider failed to uphold this duty, making errors or omissions that another competent professional wouldn’t have made in the same situation.
- Causation: The breach of duty directly caused harm to the baby.
- Damages: The injury resulted in tangible harm, such as physical injuries, developmental delays, emotional trauma, or financial consequences for the family.
Example: If a doctor failed to order a necessary C-section in a timely manner, leading to oxygen deprivation and causing brain damage, this could be considered malpractice.
Medical care can never completely eliminate risk, but parents have the right to expect that doctors, nurses, and other professionals will act competently and responsibly at every step of the process.
Common Examples of Birth Injury Malpractice
Understanding what qualifies as malpractice often comes down to identifying negligent actions or inactions during care. Some of the most common examples include:
1. Failure to Monitor
Medical teams must closely monitor the mother and baby’s health during pregnancy and delivery. Missing or ignoring signs of distress can have serious consequences.
- Example: A doctor fails to notice that the baby’s heart rate is dangerously low during labor, delaying necessary interventions.
2. Improper Use of Delivery Tools
Assisted deliveries may involve tools like forceps or vacuum extractors, but improper use of these devices can cause significant harm.
- Example: A vacuum extractor is applied with excessive force, resulting in skull fractures or nerve damage.
3. Delayed C-Section
An emergency C-section can prevent complications like oxygen deprivation, but delays can cause irreversible damage.
- Example: The mother goes into prolonged, obstructed labor, and the lack of immediate surgical intervention leads to cerebral palsy in the child.
4. Medication Errors
Prescribing or administering the wrong medications during pregnancy or delivery can harm both mother and baby.
- Example: Incorrectly prescribing medication that induces labor too early, leading to premature birth complications.
5. Failure to Treat or Diagnose Conditions
Conditions like gestational diabetes, preeclampsia, or infections need proper management to avoid complications.
- Example: A doctor fails to diagnose an infection in the mother, which spreads to the baby during delivery and causes a severe birth injury.
6. Lack of Appropriate Care for High-Risk Pregnancies
Mothers with high-risk pregnancies require specialized care to avoid preventable complications.
- Example: A mother with a history of high blood pressure isn’t referred to a specialist, leading to undetected complications during delivery.
Not every birth injury is immediate. Some issues, such as developmental delays or learning disabilities, might surface months or years later, leaving parents pondering whether earlier medical decisions were to blame.
What Should Parents Do If They Suspect Malpractice?
If you believe negligence contributed to your baby’s injury, taking swift action is vital. Here are the steps to follow to protect your child’s rights and secure the resources they may need:
1. Document Everything
Start by gathering as much information as possible:
- Medical records from pregnancy, labor, and delivery.
- Notes on what happened during the birth, including who was present.
- Photos, videos, or anything that illustrates the condition of the baby.
2. Seek a Medical Opinion
A second opinion from a trusted healthcare provider can help determine whether the injury likely resulted from malpractice. They can review your child’s condition and possibly shed light on whether standard care protocols were followed.
3. Consult a Birth Injury Attorney
Medical malpractice cases are complex, and an experienced attorney can help you understand your options. A legal professional can:
- Review your case details.
- Access expert testimony from medical professionals.
- Gather additional evidence.
- Navigate the legal process while you focus on your family.
Tip: Many attorneys handle birth injury cases on a contingency basis, meaning you only pay if you win.
4. Consider the Future Needs of Your Child
Birth injuries often require long-term care and specialized resources, such as therapy, medical equipment, and special education services. A successful malpractice claim can help ease the financial burden of these costs.
Why Filing a Birth Injury Claim Matters
Filing a lawsuit after a birth injury isn’t just about financial compensation—it’s also about holding negligent providers accountable.
- Securing Justice: Your claim sends a message that negligent practices have real consequences, potentially preventing similar harm to other families.
- Providing for Your Child’s Needs: Compensation can cover medical care, therapy, lost wages (if you need to leave work to care for your child), and emotional damages for pain and suffering.
You deserve answers and the peace of mind that comes with knowing you’ve done everything possible to protect your child’s future.
Hawaii Birth Injury Attorneys
If you or a loved one has been affected by a birth injury in Honolulu, HI, the experienced team at Davis Levin Livingston is here to help. Our dedicated attorneys specialize in birth injury cases and are committed to securing the justice and compensation your family deserves. Contact us today at (808) 740-0633 to learn more about how we can assist you in navigating this challenging time and ensuring your rights are protected.