Birth Injury or Medical Malpractice? How to Tell the Difference

Birth Injury or Medical Malpractice? How to Tell the Difference

Even though roughly three out of every 1,000 deliveries result in serious harm to the baby, nobody ever thinks it will happen to their child. When something goes wrong, it’s hard not to wonder if it was truly just an accident or a preventable mistake. The difference matters, because birth injuries caused by medical malpractice are grounds for legal action. If you’re trying to make sense of a birth injury and don’t know what to do next, here’s what you need to know.

What counts as a birth injury?

A birth injury is when an infant suffers harm during labor, delivery, or shortly after. And although all birth complications are traumatic, not every situation is avoidable. For a birth injury to be considered medical malpractice, it has to have been avoidable and caused by negligence.

Common types of birth injuries include:

•     Erb’s palsy
•     Cerebral palsy
•     Brain injuries
•     Nerve damage
•     Fractures
•     Oxygen deprivation that leads to brain damage

The harm caused by these birth injuries can be temporary, but the result is often permanent disability. In fact, around 80% of all birth injuries are moderate to severe, and account for 20% of all infant deaths in the U.S. each year.

The line between natural and negligent

Some injuries, like mild molding of the head or small bruises, are a natural part of birth. However, injuries caused by delayed intervention or failure to respond to emergencies may constitute malpractice.

A situation is considered medical malpractice when a healthcare provider’s failure to meet the standard of care causes harm. Birth injuries are typically caused by the following:

• Failure to act quickly. This includes ignoring or downplaying signs of fetal distress. For example, delayed C-sections are a common cause of birth injuries.
  
• Improper use of delivery tools. Forceps and vacuum extractors are risky, and when used improperly, they can cause skull fractures, facial paralysis, and internal bleeding in the brain.
  
• Medication errors during labor. Errors when administering epidurals or Pitocin can create complications that affect the mother and baby.
  
• Lack of monitoring. Medical staff are required to constantly monitor fetal heart rates and maternal vitals. Failure to respond to abnormal readings can lead to oxygen deprivation and permanent injury.

The long-term impact of these errors is significant, and that’s why people pursue compensation through a lawsuit. When a birth injury leaves someone permanently disabled, medical bills will follow them for the rest of their life. Seeking justice through a lawsuit is the only way to alleviate that financial burden. 

Signs that your child’s birth injury might be malpractice

Not all birth injuries show symptoms right away, but there are red flags that might indicate an injury was avoidable.

• Strange delivery circumstances. If medical staff made sudden changes, seemed panicked, or you had an emergency C-section, that could be a clue that something went wrong.
  
• No clear explanation from doctors. Vague and inconsistent responses from medical staff about what happened during delivery is a red flag. For example, if you were told “these things happen” without a real explanation, you should investigate.
  
• Delayed developmental milestones. Missing milestones like crawling, walking, and speaking can indicate a brain injury or trauma occurred at birth.
  
• Multiple specialists involved after delivery. If your baby was suddenly put under the care of a physical therapist, neurologist, or other specialist, it’s worth looking into.

If you’re not satisfied with the answers you’ve been given, or if you’ve been given the runaround, it’s time to talk to a lawyer.

Suspect malpractice? Start building your documentation

If you suspect malpractice, don’t hesitate to start building a paper trail of documentation and timelines. Doing this now will help you prove negligence later on when you pursue a lawsuit. 

Request copies of all medical records related to your baby’s birth, including your own. Be sure to ask for doctors’ notes and everything contained within your file. While you’re waiting for those documents, write down everything you remember from your experience in labor and in the delivery room. The timing of things, who was in the room, what you were told, and any odd events or delays. 

Continue building your documentation with notes from every doctor visit, test result, and therapy session your child has. These records are essential for proving long-term harm. Include photos and videos of your child’s injury as well. Visually demonstrating developmental delays can help you build a strong case.

Don’t wait – contact an attorney immediately

Time is limited. If you think your child’s birth injury was malpractice, contact a personal injury attorney right away to discuss your case. If something feels off, trust your instinct and reach out for legal help.

The post Birth Injury or Medical Malpractice? How to Tell the Difference appeared first on Women Daily Magazine.

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