The birth process and immediately after should be a time of celebration and joy for your Louisiana family. However, this feeling of elation may be marred when you learn that your child experienced an injury during the birth that could have a serious or permanent impact on his or her life. Birth injuries are tragic, yet you do not have to face the aftermath alone.
If your child suffered an injury during the birth process, it is possible that it was the result of the actions or inaction of the medical staff. A thorough investigation can determine what happened and if you have grounds to move forward with legal action. It is possible that you have a rightful claim to financial compensation through a medical malpractice claim.
What causes birth injuries?
It is not always easy to identify the source and cause of a birth injury. In many cases, these issues happen because the doctor failed to intervene appropriately at signs of distress or the doctor intervened using inappropriate measures when it was not necessary. Some common mistakes and unnecessary interventions committed by doctors and nurses include the following:
- Unnecessary C-section
- Failure to properly monitor the status of the baby
- Failure to monitor the health of the mother
- Use of the vacuum or forceps to extract the baby
- Failure to recognize complications, such as the mother's development of hypertension
Any of these issues or another one not listed may have been the source of unnecessary harm done to your child. While there is no way to reverse what happened, you have the right to hold liable parties accountable for the suffering of your child.
Figuring out who is to blame
In a case involving medical malpractice during a birth, it can be difficult to pin point who is to blame and exactly what went wrong. In order to obtain compensation through a civil claim, you will have to provide evidence that proves the liable party owed you a certain standard of care and violated that obligation, thus injuring your child.
The specific damages that you may be able to obtain through your malpractice claim depend on the nature of your case and the types of injuries suffered by your child. While you can recover immediate losses, you may also be able to secure compensation for his or her future needs as well. A complete evaluation of your case can determine the appropriate course of action after your child suffers from a birth injury.