
Even a straightforward natural birth may go wrong when the midwife or any other medical staff fails to monitor the mother and baby’s condition appropriately. The results of negligent medical care could lead to devastating consequences. Medical practitioners taking care of the mother can identify and manage all the possible risks effectively.
The duty is not only during the actual birth itself, but also throughout the pregnancy, through delivery, and aftercare. When the vital procedures are overlooked or neglected, both the child and mother may suffer serious harm.
No monetary compensation could ever undo some lifelong damages caused by birth injuries; however, compensation is an excellent way to ease the financial burden that follows birth injuries.
Common Birth Injury Cases
Each case of negligence that led to birth injuries is different per the facts surrounding the matter. However, there are some common injuries that mothers and children across the globe commonly suffer during childbirth.
Once you present your circumstance to a birth injury Lawyer in Kentucky, they will legally contextualize your matter and point out the negligence or malpractice for which you should seek legal redress. The following are examples of birth injuries that may guide you to gauge whether you are a victim of birth injuries due to negligence:
- If mistakes made during screening or lack of screenings help identify conditions like Down Syndrome, heart or brain defects, and Spina Bifida, among other developmental abnormalities occur. Proper and due screening gives parents the option to terminate or continue with their pregnancy, and if nothing else, help prepare the parents for what they may be dealing with upon the birth.
- Improper use of vacuum extractors or forceps occurred during delivery, causing brain damage to the baby or unnecessary harm to the mother.
- The care provider exhibited mismanagement of pregnancy complications. For example, preeclampsia may cause a mother to suffer high blood pressure, which puts her at risk of suffering a stroke, HELLP syndrome, fits, and multiple organ failure.
- The care provider failed to identify, recognize, and treat a maternal infection. Some untreated illnesses and infections can be extremely dangerous to unborn babies. Mothers, too, can contract maternal sepsis (blood poisoning), which may come from any infection, including influenza, pneumonia, or urinary tract infection.
- The care provider mistreated a difficult birth, by failing to monitor or conduct delivery correctly or failing to monitor the unborn child’s condition for any sign of distress, causing severe trauma to both the child and mother. An example of this may be the child suffering Erb’s Palsy due to shoulder dystocia during birth that was mishandled by the physician.
- The care provider either injured an infant during or after birth. Some of the injuries may cause infant brain damage that may result in cerebral palsy due to insufficient oxygen, or a stroke, fractured bones, paralysis, and seizures as a result of bleeding on the brain.
- Injuries occur after birth to the mother. Some mothers suffer third and fourth-degree perineal tears, while others go through incorrectly performed episiotomies. Negligence during cesarean sections may damage organs and many other surgical-related injuries.
- You are subject to retained products of conception. It’s not uncommon for mothers to have retained fetal tissue or placenta in their uterus after a termination, miscarriage, or delivery. Timely diagnosis of the retention is, however, crucial in the prevention of further complications.
How Much Compensation Can I Get for Birth Injuries?
It’s normal to wonder how much a birth injury compensation would amount to, unfortunately, there isn’t a specific set amount. The reason is that every case has a different extent of injuries and suffering that guides the due compensation. On a general note, these are some of the main aspects that govern how much compensation you can get:
- Part of the general non-economic damages covered in birth injury compensation is for the pain and suffering during and resulting from the injuries.
- Birth injury compensation will also include financial support to help cover treatment costs such as medical equipment and rehabilitation, as well as making necessary alterations to your life and home. Such charges are compensated as special damages.
- Sometimes, birth injuries cause parents to partly or entirely leave work. Some injuries lead parents to find new jobs that accommodate their bodily changes. Your compensation should cover the cost of your lost earnings to aid you in taking care of your child.
Finally
Aside from the pressure on finances, birth injuries also come with severe emotional and psychological impacts. These impacts may affect many aspects of your daily life. For this reason, it’s essential that you hire an attorney and claim your due compensation to aid you in all the changes in your life. If you are unsure whether your situation warrants negligence, most attorneys will allow you a free initial consultation, so do not shy away from asking.