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When Birth Injuries Result from Negligence


Childbirth is a natural and miraculous event, but not every labor and delivery is the same. Some women have uneventful deliveries and healthy babies, while others have difficult experiences.

In that helpless condition, the mom-to-be has to trust the doctors and nurses around her. Fortunately, in the age of modern medicine, there are many measures and techniques obstetricians can employ to ensure a healthy birth.

Obstetrical professionals, who are aware of the risks of childbirth injuries and medical malpractice, are trained to watch for signs of trouble during labor including the following:

  • Fetal distress
  • Excessive bleeding
  • Failure to progress and prolonged labor
  • Macrosomia (infant too large at birth)
  • Twisted, compressed or tangled umbilical cords
  • Failure to anticipate a breech birth

Mistake or malpractice?

When complications arise, trained professionals spring into action to remedy the situation using forceps, vacuum extractors, and other implements. But sometimes, medical mistakes or misjudgments occur that result in devastating consequences, such as birth injuries.

If the infant was injured due to negligence, or a deviation from the standard of care, this constitutes medical malpractice. A medical mistake or tragic outcome is not sufficient to constitute medical malpractice. You must prove negligence, and this is difficult to do since doctors, hospitals, and their attorneys work hard to defend themselves.

When negligence can be proven, it can lead to a malpractice settlement or jury award that can provide sufficient funds to meet the medical needs of the baby now and into the future.

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