Birth injuries are among the most traumatic events that a new, growing family can experience. When the injury is caused by medical malpractice or negligence, the strain of the situation is exacerbated and can seem overwhelming. Even the best, most well intentioned doctor, nurse, or other healthcare provider is susceptible to making mistakes or being ill trained to handle the complexities of labor and delivery. Unfortunately, no matter who honorable the intentions are, birth injuries often create complications that affect the entire family, often for life.
The most common birth injuries include brain injuries, oxygen deprivation, nerve damage, shoulder dystocia, and medication errors. These injuries can result in serious long-term complications, such as:
Long-Term Financial Consequences of Birth Injuries may be eased through Lawsuits
While there is no compensation for birth injuries and the long-term consequences, there are laws in place to help families regain financial control and stability. On top of medical bills and expenses, birth injuries often result in the continued requirement for therapy, specialized care, medication, and in some cases surgeries and hospitalization. To help counteract the devastating financial toll taken by birth injuries caused by medical negligence and malpractice, state and federal laws allow victims to file lawsuits in pursuit of monetary compensation.
Recently, a New York family has been in the media after filing a lawsuit on behalf of their now two-year-old daughter. The medical facility where the child was born has been accused of failing to provide properly trained physicians and failure to offer competent supervision. The lawsuit claims that excessive pressure was applied to inappropriate parts of the infant’s body during delivery that resulted in injury. It is further alleged that medical mistakes were made before, during, and after the delivery.
The child was born with permanent injuries including a brachial plexus injury and shoulder dystocia. The lawsuit seeks more than $20 million in overall damages for the birth injuries sustained, and for continued care for the child. Anyone considering filing a similar lawsuit should consider consulting with an attorney who is knowledgeable about medical malpractice and birth injury laws in their applicable state.