Medical Malpractice- Birth Injury
Complications can arise during childbirth that can create lifelong problems for parents and their children. Most often, deliveries are successful even if there are a few issues along the way. But for some, short-term or permanent injuries result. In some of these cases, injuries could have been prevented and are attributed to medical error. In these situations, the law provides legal compensation to children and their parents in the event of a birth injury.
Classifying Birth Injuries
A birth injury can sometimes be confused with a birth defect. Birth defects are typically attributed to a problem that arises before the child is born, normally while in the womb. Birth injuries are the result of the birth or delivery process. Some conditions require an examination to prove whether they were caused by complications during birth or before. Cerebral palsy is one example of a condition that can be attributed to either a lack of oxygen during delivery or an unpreventable issue.
Preventive Measures
Preventive measures can be taken to help ensure that a child’s birth does not result in injury, but at times the proper precautions are not taken. Failure on the part of doctors and other members of a medical team to respond to complications in the correct manner is the most common contributors to birth-related injuries. Others include administering or supervising the taking of a prescription drug that may be harmful to a fetus.
Although some birth injuries are unavoidable, or occur even after the correct action is taken, others may be attributed to negligence and constitute a valid personal injury claim. Being able to prove that an injury resulted from the actions of a physician, pharmacist, or other medical care provider, and that those actions were below the normal standards of acceptable care, is a necessary element in winning this type of medical malpractice claim.
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