Expectant parents spend months preparing for the much-anticipated birth and arrival of a baby. Unfortunately, all of the planning in the world cannot prepare parents for the fear, heartache and pain they often experience when a baby’s birth doesn’t go as planned. In cases where a mother experiences a difficult delivery, doctors must take extra care to ensure for the health and safety of both mother and baby.
In cases where a doctor fails to act expeditiously, uses unnecessary or unorthodox delivery methods or acts with too much force; a baby may suffer a permanent and debilitating birth injury. For parents who learn that a son or daughter has suffered brain damage or is diagnosed with serious condition like cerebral palsy or brachial plexus; it’s wise to speak with an attorney.
Birth injuries can result from many causes including prescription drugs that were administered during pregnancy, the use of excessive force or devices like forceps during delivery or a delay in performing a C-section. An attorney will thoroughly review a mother’s and baby’s medical records as well as hospital records to determine when mistakes may have occurred that caused or contributed to a child’s condition.
A key element of any birth injury case is proving that a nurse or doctor failed to provide “adequate medical care or medication advice during pregnancy and/or delivery” and that the conduct in question did not meet a “generally accepted standard of medical care.” Frequently, testimony from an expert witness like a respected obstetrician is successful in helping prove these essential components of a case.
Medical malpractice cases involving birth injury claims are often highly emotional and complex. For Delaware parents who believe their child’s medical condition resulted from medical errors committed during pregnancy or delivery, it’s wise to consult with a legal professional who has helped other families provide a better life for their disabled child.
Source: FindLaw.com, “Birth Injury Overview,” April 22, 2015