Is my doctor at fault for my baby’s birth injuries?

Expectant parents in North Carolina look forward to welcoming a new member to the family, and there is always the hope that no complications will occur during the delivery process. While most births result in a healthy baby, there are times when injuries occur. While some of these are unpreventable, there are some cases in which the doctor and/or delivery team is at fault.

According to Stanford Children’s Health, the position and size of the baby are major contributors to a difficult birth and, if not handled correctly, they can lead to short-term or long-term injuries. Some of the risk factors include:

  • Breech, or other abnormal presentation, delivery
  • Large baby
  • Mother’s pelvis is not large enough for a vaginal delivery
  • Premature birth 

According to FindLaw, if the doctor does not access the situation appropriately he or she may not be able to perform the proper care to prevent injuries. Some malpractice claims may result when the doctor fails to perform a c-section when necessary, misuses a vacuum or forceps or fails to recognize when the baby’s health is suffering in the womb due to prolonged delivery. 

You also may be able to collect for birth defects, which are sometimes the result of negligence by the doctor during prenatal care. While some defects are caused by unknown factors, some are the direct result of actions directed by the healthcare provider. For example, some prescription drugs are contradictive to pregnant mothers as they can cause damage to the fetus. 

In order to prove your case of medical malpractice, you will need to establish causation. You will need the testimony of one or more other medical experts who can demonstrate the standard of care was not met in the care of the pregnant woman and/or during the birthing process and this led directly to the birth injury.

 

 

 

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