Filing a Medical Malpractice Claim for a Birth-Related Injury

When the joy of having a child is tainted by an injury that could have been prevented, it’s devastating for the parents and family. Unfortunately, birth-related injuries occur when a doctor, hospital, or medical professional is negligent, i.e., failing to provide a reasonable standard of care before, during, or after the birth. Medical negligence by a trusted professional can result in the following:

1. Injury to the mother or infant before, during, or after birth
2. Wrongful birth, which happens when a doctor fails to warn the parents about a birth defect that would have made the parents decide to end or avoid the pregnancy
3. Wrongful pregnancy, which happens when measures to avoid or end a pregnancy fail

In this article, we’ll discuss each type of birth-related injury and the types of damages that may be associated with each. If you have additional questions, please reach out to us at Sowell Chakour by calling 1-833-MedMals , emailing us at DrChakour@sowellchakour.com , or filling out our online contact form . An experienced medical malpractice lawyer is ready to speak with you about your case today. 

Sometimes a mother, an infant, or both may experience injuries due to a medical professional’s negligence. These injuries may have been avoidable had the professional discovered and treated the injuries in a reasonable and timely manner. 

When a mother is injured during labor or the delivery process, there may be medical malpractice afoot. Some birth-related injuries mothers can suffer from are the following:

1. Untreated or undetected preeclampsia causing a mother to suffer a seizure during delivery
2. Medical equipment left inside the mother post c-section
3. Uterine rupture
4. Damage to internal organs during a c-section from surgical tools
5. Infection
6. Anesthesia complications
7. Uncontrolled bleeding

These injuries can cause immense physical and emotional pain, as well as result in piles of medical bills. If you’ve suffered from any of the above conditions, contact a medical malpractice lawyer at Sowell Chakour today to see if you potentially have a medical malpractice case. 

Infant birth-related injury can cause life-long problems for the child and result in numerous post-birth medical procedures, suffocating the family in unnecessary and large medical debt. What makes the situation even worse is when the child’s life-altering injury could have well been prevented with reasonable, proactive care. Some conditions children may suffer from due to a birth injury are:

1. Caput Succedaneum . This is the swelling of the infant’s scalp, which is typically a result of prolonged pressure on the head. This can occur during prolonged head-first deliveries.
2. Cerebral Palsy. Cerebral palsy is a group of conditions that vary in severity and impact normal movement in different areas of the body.
3. Hypoxic-Ischemic Encephalopathy . This disorder can have a range of effects, from mild developmental problems to cerebral palsy or epilepsy. This happens when the infant is cut off from the flow of oxygen to the brain.
4. Bone Fractures. These are the more common types of injuries, and luckily they tend to heal on their own. However, the severity varies, depending on the infant and situation.

The above is not a comprehensive list. There are various types of disorders that can result because of medical negligence before, during, or after the birth of a child. Similarly, the above conditions are not always the result of medical malpractice. Identifying legal liability means applying medical malpractice law to the facts of the specific case. If you suspect you may have a case after considering the requirements needed to file a malpractice claim, contact our medical malpractice lawyers for a consultation today. For further reading on what is and what isn’t considered medical malpractice , read our previous article on medical malpractice claim requirements .   

A wrongful birth claim might exist in the case that the child is born with a defect that the doctor did not warn the parents about, and if they had known, would have chosen to avoid or end the pregnancy. A wrongful birth claim is usually based on negligent genetic testing before conception or negligent failure to detect physical or mental defects in the child during the early stages of pregnancy. 

In Florida, some damages that may result in a wrongful birth case include the costs associated with the child’s condition, like medical care, educational therapy, or other expenses directly related to the care of a child with special needs, which may include:

1. Rehabilitative costs
2. Transportation needs
3. Lost wages
4. Household renovation needs
5. Childcare costs
6. Lifelong care of the child

Parents may also be able to recover emotional damages that occur as a result of the birth or from raising the child. 

If a mother becomes pregnant after one or both parents made attempts to avoid pregnancy via medical preventative measures, a wrongful pregnancy claim may exist. While the child may be born healthy in this case, the parents are caused harm because of the unwanted and unplanned pregnancy. The types of damages plaintiffs can seek in wrongful pregnancy cases are highly dependent on the state and the specifics of the case. To better understand your potential wrongful pregnancy case, contact our medical malpractice lawyers today. 

Raising a child with birth-related injuries that could have been prevented is challenging and expensive. No doubt, parents with special needs children love their child no less, however, the expenses can magnify stress and hardship. The same is true for mothers who sustain injuries from negligence during pregnancy or delivery. If you and your family have suffered from a birth-related injury, whether the mother or child was impacted, contact our firm today to understand your legal options. We can help you determine if legal liability exists and strategize the next steps of your case, so you can get the compensation you deserve. Let us be there to help you and your family recover. 

If you have reason to believe that your case may meet the basic requirements of a malpractice case , contact our experienced medical malpractice lawyers today for a consultation. Call us today at 1-833-MedMals , or email us at DrChakour@sowellchakour.com . We’re here to help you navigate the complexities of your malpractice claim.