Causes of Birth Injuries
According to the Stanford Children’s Health Hospital, birth injuries are more common when:
- The baby is big
- The baby is feet-first in the birth canal
- The baby is born prematurely
- The mother’s pelvis or birth canal makes it difficult for a vaginal birth
- Labor is long
- Labor is difficult
- The mother is overweight
- There is a c-section
- The doctor uses a vacuum or forceps
This is not meant to be a complete list. There are other sources of injuries that can harm babies.
Types of Birth Injuries
Birth injuries come in many different forms. Similar to the list of the causes of birth injuries, this is not meant to be a comprehensive list, but rather a list designed to get people thinking and give more information.
- Hypoxic-ischemic encephalopathy
- Cerebral palsy
- Brachial plexus injuries
- Erb’s palsy
- Periventricular leukomalacia
- Developmental disabilities
- Intracranial hemorrhages
- Traumatic birth injuries
Medical Negligence and Birth Injuries
The criteria for medical malpractice in birth injuries is fairly similar to medical malpractice as a whole. That is to say, you have to legally establish a few different facts for your case to proceed. They are as follows:
- A doctor-patient relationship
- A doctor who acted wrongly
- The mistake caused physical harm to the patient
Establishing a doctor-patient relationship means that the physician was seeing the patient throughout the pregnancy, or was overseeing the birth.
A doctor who uses poor judgment, and makes a mistake, may be found to be negligent. This can take a few different forms. As it relates to birth injury, this may include prolonging labor, yanking, or using forceps to deliver the child. In addition, a doctor who has worked long hours may make a mistake due to fatigue. In a court of law, you must prove that the doctor’s care was substandard, which means that they were not acting in a way that a similar doctor would. In order to prove this, usually you need to call in an expert witness.
Finally, you need to prove that the mistake led to harm. For this, you need to prove that there was an injury to the baby. In order to satisfy this step, you need to have a lot of documentation.
Birth Injury Malpractice Lawyers
Panter Law has a team of accomplished birth injury attorneys on staff who are ready to help you with your case. If you think that you have a case, call us. Keep in mind that Florida has a birth injury statute of limitations, which means that you have a limited amount of time where you can present your case.
The team at Panter Law understands what you have been through. We have already helped many people throughout the state of Florida. Your case could be the next successful one. Give us a call today.