Birth injuries and birth defects often have permanent symptoms that require
long-term medical care. Birth
defects tends to refer to conditions that relate to something in the child’s
injuries tends to refer to complications from pregnancy, labor and/or delivery.
Depending on the situation, you may be able to file a medical malpractice
claim against your doctor or the hospital in which your child was delivered
for injuries your child suffered during pregnancy, labor and/or delivery.
Understanding Birth Injuries
Birth injuries occur during or immediately after delivery. They may be
caused by pulling too hard on the baby, failing to identify and treat
fetal distress, using forceps or vacuum devices incorrectly, or improperly
performing (or failing to timely call for) a caesarian section (“C-section”).
During labor and delivery, the baby may suffer broken bones, brachial
plexus (nerve) damage, brain damage, and head injuries. The baby may also
suffer ill-effects from oxygen deprivation (anoxia or hypoxia). One of
the most dreadful and life-altering complications can be Cerebral Palsy.
Understanding Birth Defects
Birth defects are typically caused by genetic mutations. While birth defects
could affect any part of an infant’s body, the most serious defects
often inhibit the nervous system. Certain medications and toxins that
the mother ingests during pregnancy may cause birth defects. There are
a variety of birth defects that affect children, but some of the most
common ones include Downs syndrome, spina bifida, cleft lip and palate,
and congenital heart disease.
Pursuing Compensation for Your Child’s Suffering
Doctors and healthcare providers owe a duty of reasonable care to patients.
This means they must provide accurate, effective, and safe treatments
to improve a patient’s health and wellbeing. If your doctor or the
hospital negligently failed to correct a breech birth, failed to timely
call for a C-section, inappropriately administered medications, failed
to recognize fetal distress or other negligent actions or inactions, or
were reckless and injured your son or daughter, you may have the right
to pursue justice through a
medical malpractice lawsuit.
Furthermore, if it can be proven that your child’s birth defect was
caused by your doctor’s negligence in prescribing a certain medication
or other harmful substance, you may be able to file a claim. However,
in general, physicians will not be held liable for the majority of birth
defects. You may also file a lawsuit against the pharmaceutical company
responsible for manufacturing and marketing the drug that caused your
child’s birth defect. You will likely need to prove that the company
failed to perform adequate testing or used unlawful marketing practices.
Knowledgeable Birth Injury Attorney Serving Louisville, KY
Brett H. Oppenheimer, PLLC provides representation to clients injured by
medical professionals. Our firm believes doctors, hospitals and others
in the healthcare industry should be held responsible for negligence or
carelessness. If your son or daughter suffered a birth injury because
of your doctor’s or hospital’s actions or other failures,
Louisville birth injury lawyer can conduct a thorough investigation and fight on your behalf.
We offer free consultations to all prospective clients. Contact our office