Giving birth is a miraculous process, but it can also be dangerous. Every year, thousands of babies suffer birth injuries that can lead to lawsuits. Here you will find details of common birth injuries and how they can lead to legal action. If your newborn has endured a birth injury, don’t hesitate to contact an attorney like Janet, Janet & Suggs for legal advice.
Cerebral palsy is a debilitating condition that can profoundly impact every aspect of a person’s life. Muscle weakness is a common symptom that can make it difficult to perform everyday tasks like eating and dressing. Experts mention cerebral palsy might be caused by medical negligence during childbirth. If your newborn has been diagnosed with cerebral palsy, you may be entitled to compensation through a medical malpractice lawsuit.
Brachial Plexus Injuries
A brachial plexus injury is a birth injury that can occur when the nerves in the arm are pulled or damaged. For example, this can happen if the arm is pulled too hard during delivery or the shoulder becomes stuck behind the baby’s head. Brachial plexus injuries could be mild or severe; in some cases, they can result in paralysis.
Forceps and Vacuum Extraction Injuries
Using forceps and vacuum extraction during childbirth is common, but it can also be dangerous. If the instruments are not used correctly, they can cause severe injuries to the mother and child. These injuries can lead to lifelong physical and emotional problems.
Forceps and vacuum extraction injuries can occur when the instruments are used incorrectly or when the devices are faulty. Sometimes, the doctor or other medical staff may be liable for the injuries. If you or your child has been injured during childbirth, you may be able to file a lawsuit to recover damages.
If you have been injured by forceps or vacuum extraction, you should contact a personal injury lawyer like Janet, Janet & Suggs as soon as possible.
Asphyxia, or lack of oxygen, is a serious medical condition that can occur during childbirth. If the baby does not receive enough oxygen during delivery, it can lead to developmental delays, cerebral palsy, and even death. Other reasons can be placental abruption, uterine rupture, and cord prolapse.
Many lawsuits have recently been filed against hospitals and medical staff for birth asphyxia. These lawsuits allege that the hospital or staff failed to properly monitor the mother and baby during labor and delivery, leading to asphyxia.
In some cases, the families have received multimillion-dollar settlements. However, asphyxia lawsuits are often complex and difficult to win.
What Is the Legal Reasoning behind Birth Trauma Lawsuits?
Lawsuits related to birth trauma can be complex, and the legal reasoning can be difficult to understand. However, a few key principles typically come into play in these cases.
- First, the complainant needs to show that the defendant owed a duty of care to the plaintiff. This means that the defendant was responsible for taking reasonable steps to protect the plaintiff from harm.
- Second, the plaintiff needs to show that the defendant breached this duty of care by failing to take appropriate action.
- Third, the complainant needs to show that this breach of duty resulted in actual harm.
Finally, the plaintiff must show that this harm was reasonably foreseeable. This means that it was not something that could have been anticipated or prevented. If you can prove these elements, then the court may find in favor of the plaintiff in a birth trauma case. Hence, get in touch with a legal professional if you or your loved one has faced birth trauma.