Medical professionals have a professional and legal obligation to provide an exceptional level of care when charged with patients. That matters more than ever when dealing with sensitive matters like birth, where small mistakes can potentially lead to long-term or lifelong damage.
The unavoidable truth is that negligence on the part of a medical provider during birth can cause serious problems. These can be a drain on the baby’s health, the mother’s health, and on the family’s financial well-being.
Morgan & Morgan’s Naples attorneys have a thorough understanding of obstetrics, as well as expert medical witnesses that can help us with a thorough, accurate investigation that proves that you are owed compensation for the injuries caused during birth.
If you or a loved one is dealing with the ramifications of a birth injury, there may be a way to receive compensation. To learn more, contact Morgan & Morgan for an evaluation of your case.
What Causes Birth Injuries?
Complications during delivery can injure newborns in many ways. However, one of the most common types of birth injuries in Naples involves nerves in the neck and shoulder. When a physician applies too much force to a baby’s arm or neck during delivery, nerves in the spine or brachial plexus can be damaged, resulting in conditions such as Erb’s palsy or Klumpke’s palsy.
According to the American Academy of Orthopedic Surgeons, these conditions appear in 1 or 2 babies for every 1,000 live births and cause loss of feeling and dexterity, and potentially paralysis in the arms. Treatment for Erb’s palsy can potentially take years before any sort of recovery is made, leading to large medical bills in physical therapy and surgery. Even then, there can be permanent damage.
Other injuries are generally caused by other forms of negligence during the birth process, and due to the delicate nature of birth, many different negligent acts can contribute significantly to injury. These include:
- Failure to perform a timely C-section;
- Failure to diagnose a complication prior to or during delivery;
- Delayed response to fetal distress;
- Improper use of forceps and vacuum while helping the child through the birth canal;
- Improperly administering medication or anesthesia; and
- Failure to warn the mother of known risks, allowing her to make an informed decision.
Liability and Compensation
A permanent birth injury can change the life of a family drastically, in the blink of an eye. Parents can often end up spending more and more money attempting to give their child the best life they can despite the injuries. In times like these, it’s important to have a birth injury attorney by your side to help determine who may be liable, as well as how much compensation you may be able to receive.
Any party who has a doctor/patient relationship with or care of duty to the mother and child, including the team of doctors who delivered the child, may be responsible for damages. Other hospital staff, including nurses and anesthesiologists, may also be liable. The hospital itself may be named as a party responsible if they failed to hire proficient staff with proper training, or if they failed to enforce administrative rules and regulations which may have affected the birth.
The damages you can potentially be compensated for fall into the categories of economic and non-economic. Economic damages may include medical expenses, lost wages, loss of future earning capacity, funeral expenses, or any other related calculable damages. Non-Economic Damages may include loss of enjoyment of life, pain and suffering, loss of consortium (loss of companionship, support, and intimacy), and other related damages.
Morgan & Morgan May Be Able to Help You
Morgan & Morgan has a track record of success helping families hold doctors accountable for birth injuries and recover the compensation they need to give their children the best life possible.
No one should have to face a debilitating birth injury alone. You can count on us. Call us today or reach out to us online to have your child’s case evaluated for free by a birth injury attorney.