Welcoming a baby should be a joyful experience in a parent’s life. However, childbirth doesn’t always go as smoothly as expected. Complications can arise quickly and, in some cases, result in serious injuries to the baby.
If your baby suffered a birth injury, you may be left wondering whether a medical mistake is to blame and what you can do to get justice. Here’s what you should know.
Not all birth injuries are malpractice
Birth is a complex process, and injuries can still happen even with the best care. Malpractices arise if negligence leads to the birth injury. The key question here is whether a reasonably skilled and careful healthcare provider would have taken different steps to prevent the injury under similar circumstances.
While each case is different, certain red flags may suggest medical negligence. They include:
- Delayed response to fetal distress
- Incorrect use of delivery tools
- Failure to order a timely C-section
- Medication errors
- Hospital-acquired infections that went undetected
In some cases, pointing to malpractice may not be as straightforward, and you may need expert insights to understand what went wrong.
What you need to prove
To bring a medical malpractice claim, you must prove certain elements. First, you need to establish the existence of a patient-doctor relationship at the time. In other words, you must show that the healthcare provider had a duty to care for you and your baby.
Second, you’ll need to demonstrate how the healthcare provider failed to meet the accepted standard of care or was negligent while carrying out their duties. There must also be a clear link between their negligence and the injuries your baby suffered.
Finally, you’ll need to show that the injury led to measurable damages. This could include medical costs, long-term care needs, emotional distress or loss of quality of life.
You don’t have to figure things out alone
A birth injury can turn your world upside down. If you’re unsure what happened or why, it’s okay to ask questions. Understanding your rights and exploring your legal options can give your family a path forward and the support you need to hold the healthcare provider accountable.
