Giving birth in Delaware is a process that requires many important decisions. In all the choices you make leading up to your baby's birth, the one thing you likely feel confident about is that you will have a safe birth in which you and your newborn will receive excellent care.
Unfortunately, not all births have a happy ending. Some births result in permanent injury to the newborn. In these cases, the parents may file a medical malpractice lawsuit against the personnel who attended the birth or the facility where the birth took place. Here is some information to help you inform yourself about the risks and options regarding birth injuries.
Risk factors for birth injuries
There are many factors that can play a role in a birth injury. One of these is the place where you choose to give birth. Many women decide to give birth in a hospital, but others choose to deliver their baby at home. It used to be illegal in Delaware to have a home birth. However, that is no longer the case, and now midwives can deliver babies in Delaware homes without risking a felony charge. The injury risks during birth remain whether you choose to give birth in a hospital or at home and cannot be completely eliminated. Intervention in the moment by a licensed nurse, doctor, or midwife or any of the personnel assisting the birth carries the inherent risk of human error. Some of these injuries are preventable.
Common birth injuries
Birth injuries can take many different forms. They may be more prevalent when medical personnel use instruments, such as a forceps, to deliver the baby. Injuries can also result when medical personnel fail to perform a C-section in a timely manner. Common birth injuries include brachial plexus injury, hypoxia, cerebral palsy and cortical blindness. If an investigation reveals that the birth injury was preventable, there may be a basis for filing a medical malpractice lawsuit.
If your newborn suffered a permanent injury during birth and you believe you may have a case, you should speak with an attorney who works with these types of situations. An initial consultation may provide you with important information, as well as ways you may proceed.