Bringing new life into the world is a momentous occasion that is often filled with hope and anticipation. Unfortunately, some parents’ joy may be cut short due to complications arising during the birth of their child. Sometimes, such complications are quickly addressed, and the parents can go home with a healthy baby. Other times, a complication may result in lifelong outcomes, such as blindness.
There are no words for the pain a parent likely feels when they realize that their child will never see. In some cases, a baby’s blindness may be a result of medical errors during childbirth, raising the possibility of medical malpractice. Understanding whether this outcome constitutes medical malpractice involves examining the circumstances surrounding the birth, the actions of the medical practitioners involved and the legal definitions and standards of malpractice.
Birth injuries and blindness
Many avoidable causes of blindness in newborns can constitute medical malpractice. These are oversights and errors that increase the risk of vision loss. Parents may pursue a lawsuit against medical practitioners if they exert excessive force with delivery equipment. Furthermore, improper positioning of these pieces of equipment can damage the delicate structures of a baby’s eye during delivery. Parents may have to contend with their child’s permanent vision problems due to avoidable medical errors.
Newborns may also develop vision problems if a medical practitioner misses or delays diagnosing a condition that might compromise their vision. A condition like retinopathy of prematurity (ROP) is commonly missed, yet early detection and intervention can likely save a premature newborn’s vision.
Legal definition of medical malpractice
To take legal action, it’s crucial to first understand the legal definition of medical malpractice. Parents of a wrongfully blind newborn can benefit from appropriate legal assistance to establish four key elements that make a medical error be characterized as medical malpractice.
First, there needs to be a formal doctor-patient relationship between the mother of the child and the healthcare provider(s) involved in the newborn’s delivery. Secondly, there needs to be evidence that shows the healthcare provider(s) veered off the acceptable standard of care. Thirdly, the doctor’s errors must have directly resulted in the newborn’s wrongful blindness. Lastly, the parents ought to demonstrate that their child’s avoidable blindness has caused them significant emotional, financial and psychological harm.
Parents whose babies are now blind due to medical errors during birth might want to know if they can pursue a medical malpractice lawsuit. With the help of a reliable legal group, they can get to the bottom of things and pursue justice for their child’s injury, if appropriate.
