Bringing a child into the world is usually a time of celebration for new parents. Unfortunately, some births have complications and infants suffer severe injuries that could cause permanent disabilities.
These situations are even more tragic when they are caused by the negligence of a doctor or other medical professional before, during or after the delivery.
While filing a legal claim is not the first thing that parents think of in these situations, it can provide compensation to manage the physical, emotional and financial damages caused by their newborn’s injuries.
You need representation from an experienced Columbus birth injury lawyer to have the best opportunity to recover all of the compensation you are entitled.
The personal injury attorneys at O’Connor, Acciani & Levy will thoroughly review your claim to find out if negligence played a role in your baby’s injury. We have a successful track record of negotiating maximum compensation for victims of negligence.
BIRTH INJURIES OFTEN CAUSED BY NEGLIGENCE
Negligence during childbirth can cause many severe, potentially life-altering injuries to newborns, including:
Brain damage that can cause disabilities like cerebral palsy
Brachial plexus injuries that can cause Erb’s or Klumpke’s palsy
Spinal cord injuries
Caput succedaneum, or swelling of the scalp
Torticollis, also known as asymmetrical head or neck position
Anencephaly, or missing parts of the brain or skull
Mothers can also suffer severe injuries due to medical negligence during the delivery, such as:
Spinal cord damage
Hypertension induced by the pregnancy
If you or your baby suffered an injury during childbirth that you think was caused by negligence, you should consult a Columbus lawyer right away to find out your legal options. You may be able to recover compensation for your injuries through a lawsuit.
The attorneys at O’Connor, Acciani & Levy have a detailed understanding of the laws governing negligence among medical professionals. We know how to construct a solid case that can stand up to challenges from medical professionals and their insurance companies.
TYPES OF BIRTH INJURY NEGLIGENCE
Negligence during childbirth is often the result of reckless actions by doctors and others involved in delivering the baby. For example, doctors can cause brain, spinal cord and brachial plexus injuries if they are careless when using forceps or a vacuum to help deliver the baby.
Medical professionals must be cautious when using labor-inducing drugs, as they can put the life of the baby and the mother at risk if they are administered improperly.
Doctors and other medical professionals can cause birth injuries through their failure to monitor the mother and the baby.
For example, if medical professionals fail to properly monitor the mother and the baby for signs of distress, the baby could lose oxygen and suffer a permanent brain injury.
Failure to monitor also covers testing of the mother and the fetus to detect problems. If medical professionals do not perform tests or misinterpret test results, the mother and fetus could be at risk.
Another way that medical professionals can cause injury is by failing to act at the appropriate time. For instance, doctors should know when it is necessary to perform a cesarean section to avoid injuring the mother or the baby.
If you believe negligence played a role in your baby’s birth injury, consult our Columbus birth injury lawyers today for a free, no obligation consultation.
PROVING THAT NEGLIGENCE OCCURRED
Your Columbus attorney must establish four things to prove that negligence occurred during childbirth and that it caused you or your baby to suffer an injury:
There was a doctor/patient relationship. Doctors, nurses, anesthesiologists and others involved in the childbirth process have a doctor/patient relationship with the mother and the child. Because of this, they are held to a duty of care that obligates them to act as other medical professionals would if they were in a similar situation.
Breach of the duty of care. Your lawyer must prove that a medical professional was negligent in some way and failed to act in an appropriate way as others in the situation would have. Unfortunately, this is the most difficult thing to establish in a birth injury claim.
There was an injury. You must also establish that the medical professional’s negligence caused an injury to the baby or the mother.
The injury resulted in damages. Your attorney must establish that the injury caused physical, financial or emotional damages.
Proving all of the elements of negligence requires an in-depth investigation by knowledgeable attorneys. Our dedicated lawyers will review medical records, interview witnesses, consult experts and review the history of the hospital and medical professionals involved.
Our priority is to get you all of the compensation you are entitled to help you move forward from this awful chapter of your life.
CONSULT A COLUMBUS BIRTH INJURY ATTORNEY TODAY
Compensation is obviously not the first thing on your mind after your new baby suffers a birth injury. However, while it cannot change the past, it can help you manage the expenses the injury has caused.
In a birth injury lawsuit, you could recover many forms of compensation, including:
Pain and suffering
Rehabilitation and physical therapy costs
In-home health care expenses
The Columbus birth injury lawyers at O’Connor, Acciani & Levy have helped many victims of negligence recover these and other forms of compensation.
Contact us today to review your claim in a free consultation. We work only on a contingency fee basis, so we do not receive compensation unless our clients do first.