If your child suffered a serious injury at birth that was caused by someone else’s negligence, it is an exceptionally painful experience that can leave your entire family at a loss. It’s important to recognize, however, that obtaining the compensation that your child is entitled to can help your child live their fullest and healthiest life, and an experienced Greenville birth injury attorney can help you with that.
Birth Injuries and Prenatal Care
Birth injuries are often the result of the mother receiving inadequate care from her medical providers during the course of her pregnancy. Many factors, such as a mother’s age, weight, and overall health status, can negatively affect the child’s birth. The infant’s gestational age and the type of delivery necessary can also present risk factors. Attending doctors, however, have the responsibility of accounting for these kinds of dangers to the health of both the child and the mother and for taking all necessary precautions in the process. Many birth injuries are caused by the following types of negligence on the part of the attending physician or another attending medical professional:
- Failure to adequately monitor the progress of both the infant and the mother throughout the pregnancy
- Failure to adequately communicate health issues and concerns with the parents in a timely and appropriate manner (throughout the pregnancy, labor, and delivery)
- Failure to carefully monitor the mother and infant’s progress throughout labor and delivery
- Failure to take immediate and appropriate action at the first sign of fetal or maternal distress
- Failure to timely elect a cesarean section in response to health and safety concerns
- Failure to properly and safely anesthetize the mother as medically appropriate (while factoring in the health and safety of the unborn child)
- Failure to appropriately use birth-assistance tools, such as forceps and vacuum extraction when medically necessary
If you believe your child was injured as a result of professional negligence on the part of your doctor or any other medical professional during pregnancy, labor, or delivery, you should reach out to an experienced birth injury lawyer today.
Common Varieties of Birth Injuries
There is a wide range of birth injuries that newborns can suffer, and because these children are so vulnerable, they are all serious. Some of the most common birth injuries include:
- Brachial plexus injuries – Brachial plexus injuries are injuries to the newborn’s arm or shoulder that are frequently caused by strain and rough handling during difficult deliveries. Shoulder dystocia is an example of a Brachial plexus injury.
- Caput succedaneum – Caput succedaneum is a swelling of the scalp that can occur when the mother is allowed to continue pushing for too long.
- Cephalohematoma – Cephalohematoma is blood that accumulates under the child’s scalp after excessive pushing or after the inappropriate use of birth-assistance tools.
- Cerebral palsy – Cerebral palsy is a brain injury that is associated with a lack of adequate monitoring or adequate oxygen during the delivery process. Cerebral palsy can lead to both cognitive and physical disabilities.
- Facial paralysis – Facial paralysis refers to defective facial nerves, which are commonly associated with forcep deliveries.
- Fractures – Rough handling by the delivery doctor or the inappropriate use of tools used for birth assistance can lead to fractured or broken bones.
- Perinatal asphyxia – Perinatal asphyxia is caused by inadequate oxygen and blood flow to the brain during the labor and delivery process, and it can lead to permanent disabilities.
- Spinal cord injuries – Spinal cord injuries are often the result of overly rough handling or even blunt force trauma during the labor and delivery process. These injuries can be physically debilitating and can even lead to permanent paralysis.
- Subarachnoid or intracranial hemorrhage – A subarachnoid or intracranial hemorrhage refers to bleeding in the brain that is caused by injuries the infant suffers during the labor and delivery process.
Whatever kind of birth injury your baby has suffered, don’t hesitate to reach out to a compassionate birth injury attorney for the help you need.
Birth Injuries FAQ
What is medical malpractice?
Birth injury claims are medical malpractice claims, and medical malpractice is predicated on medical professionals who fail to live up to the duty of care they owe their patients. This duty of care is commensurate with the standard practices that other medical professionals at similar levels reasonably employ in similar situations. If the attending doctor or another medical professional fails to do what other attending doctors would do in similar situations, it may be a case of malpractice.
Is every birth injury caused by neglect?
No, not every birth injury is caused by neglect on the part of an involved medical professional. Some such injuries are unavoidable hazards of life. The distinction between the two comes down to whether or not a medical professional, facility, or pharmaceutical company was negligent in providing your newborn with appropriate care or medications during the mother’s pregnancy or during labor and delivery.
Is it a birth defect or a birth injury?
The distinction between birth injuries and birth defects comes down to when the injury occurred. A birth defect is generally associated with an injury that occurs prior to the labor and delivery process, such as from inadequate prenatal care. A birth injury, however, is an injury that is sustained during the labor and delivery process.
Will my claim go to trial?
It is very unlikely that your claim will go to trial since the vast majority are settled out of court. If the insurance company involved in your claim, however, is not interested in negotiating a fair settlement in good faith, your dedicated birth injury attorney may advise you to move forward toward trial while offering solid professional counsel throughout the process.
Turn to an Experienced Greenville Birth Injury Attorney for the Legal Guidance You Need
Dan Pruitt at Dan Pruitt Injury Law Firm in Greenville, South Carolina, is a trusted birth injury attorney with an impressive track record, spanning 25 years, of successfully guiding the claims of clients like you toward beneficial resolutions. For more information, please don’t hesitate to contact or call us at 864-280-7660 today.