The Consequences of a Birth-Related Injury
An injury that occurs at birth can have long-lasting and even irreversible physical damage on an infant. According to data collected by the National Vital Statistics System, the infant mortality rate reported in 2017 was approximately 580 deaths per 100,000 live births. The following were the leading causes of infant death in the nation reported in 2017:
- Congenital malformation
- Low birth weight
- Maternal complication
- Sudden infant death syndrome (SIDS)
- Unintentional injury
- Cord or placental complication
- Bacterial sepsis of the newborn
- Disease of the circulatory system
- Respiratory distress
- Neonatal hemorrhage
Many of the aforementioned leading causes of infant death can be caused by delivery room negligence or errors committed by prenatal care medical providers. If your newborn has suffered injuries or passed away because of medical negligence, there are laws that protect your right to file a lawsuit for reparations. While a lawsuit will do little to repair the pain and anguish associated with birth injuries, it will help to alleviate unnecessary stressors associated with medical costs and additional medical treatments.
Determining If the Injury Was Caused By Medical Negligence
When a family wishes to pursue a medical malpractice claim for the injury of their infant or a wrongful death lawsuit for the sudden death of the newborn, the plaintiff will have the obligation to demonstrate the medical negligence occurred. The factors for determining negligence are as follows:
- The medical care provider (defendant) was careless or negligent in the delivery process;
- The infant sustained injuries; and
- The medical care provider’s carelessness was a significant factor in causing the newborn’s injuries.
While there are many problems that could arise during the delivery process, some of the following may illustrate medical liability:
- The failure to order an emergency C-section when needed,
- Lack of communication between delivery room staff,
- Failure to monitor signs of fetal distress, and
- Failure to recognize oxygen deprivation
Hire the Legal Support of a Medical Malpractice Attorney You Can Trust
Nearly every single birth-related injury will have long-term effects, many of which can be very costly. Affected infants can experience developmental and neurological issues, including shoulder dystocia, cerebral palsy and spinal cord injury. The long-term care needed to treat a birth-related injury may not only be costly but it can also require in-home medical care.
If your infant suffered a birth-related injury because of a negligent medical care provider, it is important to act quickly and seek the legal advice of a knowledgeable medical malpractice attorney. Medical malpractice cases in California are time sensitive; seek legal support as soon as possible.
The medical malpractice attorneys at Milligan, Beswick, Levine & Knox, LLP are well-versed in the field of birth-related injuries. The firm is committed to helping families obtain financial restitution following an injury caused by medical negligence. After a birth-related injury, many families are often left with uncertainty of how the injury will affect the infant’s life. Sadly, many cases result in a lifetime of challenges for the newborn. A successful medical malpractice claim can help the infant obtain the medical support needed to overcome many challenges. Consult a proficient medical malpractice attorney today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.