Recovering Monetary Compensation for a Birth Injury
The birth of a child should be a happy time for everyone involved. However, all too often, health care providers may be negligent in the delivery room. When mistakes like these happen, catastrophic birth injuries can result. A birth injury can completely alter not only the course of an otherwise healthy infant’s life, but also the lives of the baby’s entire family.
If you know or suspect that a birth injury occurred as a result of a health care provider’s negligence, you should contact the New London birth injury lawyers at Polito & Associates, LLC. The unfortunate reality is that no amount of monetary recovery can adequately compensate someone for a catastrophic birth injury and the consequences that result. However, an experienced lawyer will be able to examine all of the facts and circumstances of your case with you, and help you to explore your legal options.
Parties Responsible for Birth Injuries
While some birth injuries occur naturally and involve pregnancy complications or a difficult labor, a significant number of birth injuries occur when a health care provider acts in a negligent manner. The responsible health care providers are usually delivery room doctors (i.e., obstetricians), delivery room nurses, or other medical personnel who work for the hospital or birth center.
The most common types of birth injuries due to negligence include the following:
- Cerebral palsy
- Lack of oxygen to the baby’s brain (i.e., hypoxia)
- Skull injury
- Irreversible brain damage
- Wrongful death
Proving Birth Injuries in the Medical Malpractice Context
Medical malpractice occurs when a health care provider, such as an obstetrician or delivery room nurse, negligently deviates from the applicable standard of care. In a birth injury case–as with all other types of medical malpractice cases–the injured plaintiff (or the injured plaintiff’s representative) has the burden of proving injuries and damages.
In Connecticut birth injury cases, the standard of care applicable to health care providers is that of a reasonable physician or obstetrician acting under the same or similar circumstances. If a delivery room doctor fails to act as a reasonable physician or obstetrician would have acted under those circumstances, then that health care provider likely breached the standard care. The plaintiff (or the plaintiff’s representative) must also prove that this breach of standard proximately resulted in the birth injuries.
Some acts of medical negligence that can lead to birth injuries include:
- Misusing of forceps or other birthing tools
- Failing to diagnose maternal or fetal health conditions
- Failing to identify possible delivery complications
- Improperly monitoring of possible distress
- Failing to order a c-section when necessary
Contact a New London, Connecticut Birth Injury Lawyer Today
If you suspect that a birth injury occurred as a result of a health care provider’s carelessness or negligence, you should have experienced legal counsel on your side. The lawyers at Polito & Associates, LLP, can review the facts of your case, and may be able to help you obtain monetary compensation. To schedule a free consultation and case evaluation with a New London birth injury lawyer, please call us or contact us online today.