Contact Us for a Free Consultation (707) 575-7141

Personal Injury Blog

Birth Injuries & Medical Malpractice

Posted by Freeman & Freeman | Oct 20, 2023 | 0 Comments

Celebrating new life can be one of the biggest joys parents have the blessing to experience. Knowing that together you have created a beautiful child, who you will soon be able to bring home and raise for many years, is truly exciting. The bond that parents can feel with their children is a beautiful thing, and despite all of the discomfort and agonizing pain of childbearing; in the end the mother often forgets that pain when they first view their precious babies face. Even with the joys and anticipation of giving birth there are unfortunately many dangers and risks with the process as well. While there can be many natural causes for illnesses in new born babies, there are also many circumstances in which medical error is the reason of an injury or wrongful death of the baby. Birth-related medical malpractice injuries are not uncommon today, and according to studies by the Healthcare Research and Quality(HCUP) these numbers are far too high. A study done by HCUP in 2006 shows that in the United States there were an estimated 4.3 million births that year, and there were over 157,000 injuries to both newborns and mothers during that period. Birth injuries include both the mother during the time of her pregnancy or delivery as well as the child.

Injury to the mother can include factors such as the doctor failing to address high blood pressure problems during her pregnancy. Preeclampsia is a condition that is often discovered through the symptom of high blood pressure and if the doctor fails to treat it the mother could experience severe seizures, among other problems, during her delivery. The results of this condition can be fatal to either the moth or the child if left untreated; a result that is preventable with the proper medical care. If this is the case, the mother or the family may be able to pursue a medical malpractice claim for her or the babies suffering. It is the responsibly of the doctor who is overseeing the mothers pregnancy to be aware of the common symptoms of the pregnancy as well as ones that may be questionable. For example, most mothers will experience nausea, bloating, tiredness, etc.; however, there are some injuries that she can experience that may be sings of a more serious, even life-threatening, condition. The doctor needs to be constantly watching to make sure these signs are caught early on.

Infant injuries can have a long list of possibilities, many of which can be linked back to a form of medical malpractice. In the event that an infant is wrongfully injured or killed during the pregnancy or delivery, the parents will then have the opportunity to file a medical malpractice lawsuit in order to prove the negligence and errors of the medical professionals responsible. In some cases the parties responsible may be one or more doctors or nurses, and at time the lawsuit can be against the hospital itself for many other factors. When filing a claim for infant injury the parents will likely fight for compensation for different factors such as pain and suffering, emotional suffering, as well as loss of the enjoyment of life for either themselves or the child. Discuss these details with your personal injury attorney in order to determine what best fits your specific situation.

When addressing infant injuries the negligence of the doctors or staff can have serious consequences. Not only is it the responsibility of the doctor to monitor the pregnancy closely, but during the actual birth itself; it is crucial that they pay the closest attention to details. Possible injuries and illnesses that can result from medical malpractice include cerebral palsy, mental retardation, brachial plexus injury, paralysis, brain damage and many others. Succinctly defined, cerebral palsy means that the child's walking will be affected, they may have weak muscles, lower intelligence levels, digestive problems as well as others.

Mental retardation can be a result of numerous errors made by the doctors and statistics show that in the U.S. there are an estimated 3% of the population who suffer with these conditions, and sadly only about a quarter of these cases can be connected with a cause by a doctor. Brachial plexus is anther common injury that essentially affects the nerves and spinal area and can result in the child's loss of arm movement and in some cases paralysis of some or all of their body. Paralysis can be a result of numerous errors such as surgical mistakes made with the spine and surrounding nerves. Brain damage is common and can often be the most severe and life-threatening of the birth injuries caused by medical malpractice. These can be caused by a delivery mistake, surgical errors as well as anesthesia errors.

Whether it was the mother or the child who suffered from the pregnancy or delivery process, birth injuries are matters than need to be taken serious. As doctors are sworn to uphold the highest of standards in their practice, when a personal is wrongfully injured or killed it shows that they cared little about upholding those principles. Contact a Santa Rosa personal injury attorney at The Law Offices of Freeman & Freeman today in order to discuss your case and begin the fight for the compensation you deserve for your injuries. No monetary amount can undo what you have gone through, though it can help the recovery process and the numerous medical costs and lost wages. Call our firm today for the caring and experienced attorney you deserve during this very difficult season of life; we want to fight for you.

About the Author


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

The Law Offices of Freeman & Freeman is committed to answering your questions about Personal Injury and Nursing Home Abuse law issues in Santa Rosa and throughout Northern California. We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Santa Rosa Personal Injury Attorneys
Mon: 08:00am - 05:00pm
Tue: 08:00am - 05:00pm
Wed: 08:00am - 05:00pm
Thu: 08:00am - 05:00pm
Fri: 08:00am - 05:00pm