It’s an expectant parent’s worst nightmare. Something has happened that has injured or otherwise harmed your unborn child or to your child during childbirth. There can be a lot of confusion and stress surrounding these injuries. Oftentimes, birth injuries are not expected or anticipated and can happen very quickly, forever impacting your child’s life.
It’s estimated that for every 1000 babies, 5 will be injured during birth. Birth injuries can occur when the mother takes prescription drugs while she is pregnant or when a doctor does not recognize and address complications that exist during a woman’s pregnancy or delivery. Depending on a doctor’s duty of care, the medication or methods they use during the pregnancy or birth and even how their actions compare to what another doctor would have done in the same situation could be the basis for a medical malpractice cause of action.
A doctor’s duty of care and the impact a doctor’s actions or inaction has on a baby will help to determine if a birth injury lawsuit is legitimate. If a living child suffers harm due to an avoidable birth injury, damages awarded as part of a successful lawsuit will typically go to the child, sometimes in the form of a trust. Parents can also potentially receive compensation for emotional distress damages in some situations. If a child passes away due to a birth injury and the parents believe negligence was a factor, it is a case better suited for wrongful death based on medical malpractice.
This situation is incredibly challenging for a family. Priorities can get flipped around, with all the focus being on the injured child. Sometimes, mothers are injured during the birth, too, as the process of giving birth can become complicated quickly. Because of this, it’s possible that mother and child could be injured during the birth. Understanding how this can fit into a medical malpractice claim is key to getting the damages an injured Allegheny county family deserves.
Source: FindLaw, “Birth Injury FAQ,” Accessed Dec. 18, 2017