Birth Injuries Are Preventable: What Every New Parent and Parent-to-Be Should Know

Jul5

by formulaone

Washington, D.C. Birth Injury Lawyer at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates

For those who suffer injuries during the birthing process, it is critical to know that most of these conditions are preventable. More so, if you or your loved one suffered such losses, our Washington, D.C. birth injury lawyer is ready to help you. Schedule a complimentary consultation to explore your rights in these situations.

Why Prevention Awareness Matters

As a birth trauma attorney in D.C., our legal team has helped many families navigate the incredible challenges and turmoil that come from their child suffering serious injuries and a lifetime of hardships because of mistakes doctors make.

We believe it is crucial to raise awareness about these preventable medical injuries. In many ways, a preventable birth injury in Washington, D.C., is one of the most devastating outcomes. Simply, it did not need to happen, and someone else is suffering because it did.

Understanding Birth Injuries: Causes and Consequences

Birth injuries happen for many reasons, with the following being some of the most common:

Cerebral Palsy: A condition impacting the movement of a child due to an injury that happens at birth. This can lead to weak muscles, poor coordination, and tremors. It occurs as a result of a brain injury before, during, or after childbirth.
Erb’s Palsy: This birth injury causes paralysis of the arm due to an injury to the upper group of the arm’s main nerves. It often leads to arm weakness and paralysis due to the injury to the brachial plexus nerve. It is often due to pulling or improper delivery processes.
Brachial Plexus Injuries: This injury occurs when there is damage to the nerves that conduct signals from the spinal cord to the shoulder, arm, and hand. This damage to the nerve fibers is caused by excessive stretching during the birth process and can lead to nerve damage and impaired function.
Brain Damage: A child who does not receive enough oxygen at birth can suffer brain damage. The extent of that damage is dependent on many factors, but all types of brain damage can create a lifetime of struggle for victims.

Medical negligence, including delayed C-sections or improper use of forceps, can create a lifetime of harm and struggle. For those who are victims of this type of preventable birth injury in Washington, D.C., the pain and suffering can go on for years.

How to Tell the Difference Between a Birth Injury and a Birth Defect

Medical and legal distinctions in birth injury and birth defect are critical to understand. A birth injury is the result of injuries that happen to a child during the labor and delivery process. For example, a cerebral palsy birth injury in D.C. may not have happened if the child had not suffered improper birthing procedures.

Alternatively, a birth defect occurs as a result of malformation or other types of ailments that occur during pregnancy. This occurs as a result of some type of problem in the child’s development while it is in the womb. The birth defect is present at birth and is typically caused by environmental, genetic, or unknown causes.

This matters. In many situations, a birth defect is not a preventable injury. It was going to happen no matter what. However, birth injuries are often due to preventable actions. Our medical malpractice birth injury lawyer in D.C. works frequently in helping families determine if their child’s complications may be due to birth injuries.

The Role of Medical Standards and Hospital Protocols

It is not possible to assume that a doctor cannot make mistakes or have oversights during their practice. Yet, when those mistakes occur, they can be held liable for their actions and the resulting consequences. There are several factors to consider:

Did the doctor, hospital, or other medical provider act in a way that most other providers with the same education and training would act?
Did the birth injury worsen because there was a lack of care provided at the time of the injury?

To prove medical malpractice, we must demonstrate that the doctor deviated from best practices and engaged in actions that were either reckless, inexperienced, or contrary to protocol. State and Washington, D.C. laws will evaluate birth injury claims to demonstrate that the victim is suffering due to the actions or inactions of a medical provider, hospital system, or others.

What Parents Can Do If They Suspect a Birth Injury

You have the right to pursue a D.C. hospital birth injury lawsuit. However, consider when to act and seek legal help:

Your child suffered a complicated delivery process.
There are signs of newborn distress, including constant crying, lack of large motor skill development, and developmental delays.
The child’s doctor believes that the child suffers from limitations.

If you believe that your child is suffering due to the negligence of another person, it is critical to take legal action to protect them. That is where our legal team comes into play.

The value of early legal advice and medical evaluations allows victims to pursue legal action against those who caused them this harm. If you are unsure what is happening, do not hesitate to call us. We will investigate what occurred to build a strong claim for you.

Your Rights Under the Law

Under Washington, D.C. law, victims have three years from the date of the accident to seek a lawsuit. Do not wait that long to take action. The sooner you reach out to us, the easier it is for us to gather evidence and support your claim. When we can demonstrate birth injury, you may be qualified to receive coverage for medical bills, long-term care needs, and pain and suffering.