Hearing that your baby has experienced an injury is devastating news following a long pregnancy.
Data from Medscape suggests that around 6-8 babies out of 1000 experience birth injuries in the United States.
Many birth injuries are a tragic and often preventable outcome of medical negligence. Knowing who to hold accountable can help parents find closure and the financial support they need for their child’s care.
The average settlement for a birth injury case is around $456,000 – and if your child as suffed a birth injury, you deserve the maximum compensation.
At Midwest Injury Lawyers, we work closely with families affected by birth injuries to hold responsible parties accountable – and earn rightful compensation.
This blog post aims to shed light on the various parties that may be liable in birth injury cases, including hospitals, medical staff, and pharmaceutical companies.
What is a Birth Injury?
A birth injury, sometimes called birth trauma, happens when a baby is physically harmed during labor, delivery, or shortly after birth. These injuries can range from very mild to severe and life-threatening – and are often a result of medical malpractice.
Birth injuries can sometimes develop gradually, making early detection essential. Early signs of a birth injury may include unusual muscle tone, feeding difficulties, or developmental delays.
Conditions such as cerebral palsy or Erb’s palsy are examples of some of the most common birth injuries that can have long-term effects on a child’s health and development. Other types of birth injuries can include spinal cord injuries, a brachial plexus injury, or brain damage.
If medical professionals do not follow proper procedures before, during, or after labor, there could be grounds for a medical malpractice lawsuit.
Who Can Be Held Responsible in Birth Injury Cases?
Several factors can contribute to birth injury lawsuits, including medical negligence, improper use of medical instruments, failure to monitor fetal distress, and delayed C-sections.
Hospitals, doctors, or other healthcare professionals could be at fault in birth injury cases. Understanding the causes helps in identifying liable parties.
1. Hospitals
Hospitals play a significant role in the safety of childbirth. They can be held accountable for a child’s birth injury resulting from their policies, procedures, and staff actions. Here’s where they can fall short:
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a.) Staff Training
Inadequate training can lead to mishandling of complications, such as improper management of fetal distress, incorrect administration of anesthesia, or failure to recognize signs of maternal hemorrhage. These issues can put both the baby and mother at risk of serious injury or death.
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b.) Equipment Maintenance
Faulty or poorly maintained equipment, such as fetal monitors, incubators, or surgical instruments, can cause severe injuries during delivery. Properly sanitized and functioning equipment is crucial to reduce medical errors and prevent infections or other complications.
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c.) Protocol Adherence
Failing to follow established medical protocols, such as those for emergency C-sections, labor induction, or infection control, can result in critical errors that jeopardize the safety of the mother and child.
Hospitals need to invest in ongoing training and strict adherence to protocols to stop preventable birth injuries. If they fail to do so, you may have ground for a lawsuit.
2. Doctors
Doctors play the central role in childbirth. They must meet high standards of care, and when they don’t, they can be held responsible in birth injury cases. These are some potential issues healthcare providers can face:
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a.) Misdiagnosis
Failing to identify conditions that might complicate delivery, such as preeclampsia, gestational diabetes, or fetal growth restrictions, can be dangerous. Early diagnosis and appropriate management are essential to avoid complications during delivery.
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b.) Improper Use of Tools
Incorrect use of forceps or vacuum extractors during assisted deliveries can cause physical trauma to the baby, such as skull fractures, brain injuries, or nerve damage. Proper training and experience are vital to using these tools safely.
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c.) Delayed Decisions
Delaying a necessary C-section, even by minutes, can lead to oxygen deprivation and subsequent brain injury (cerebral palsy) in the baby and severe complications for the mother, such as uterine rupture or infection. Timely decision-making is critical in emergency situations.
If an injury does occur, a birth injury lawyer can help parents know whether or not their doctor may be responsible.
3. Nurses
Nurses are essential in monitoring both the mother and baby throughout labor. They, too, can be held accountable for a child’s birth injury if they are negligent. A nurse’s responsibilities include:
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a.) Monitoring Vital Signs
Accurately tracking the baby’s heart rate and the mother’s condition is crucial to detect early signs of distress or complications. Failure to monitor or respond appropriately to abnormal vital signs can result in preventable injuries.
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b.) Administering Medication
Ensuring medications are given correctly and timely, such as pain relief or antibiotics, to manage pain, prevent infection, or induce labor. Errors in medication administration can lead to adverse effects or inadequate pain control.
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c.) Assisting in Delivery
Providing crucial support during the birth, helping the mother and the medical team by following protocols for sterile procedures, positioning, and timely intervention. Errors in assistance can contribute to complications during delivery. It’s a good idea for expectant parents to understand the nurse’s role entirely – and ask about their experience and protocols. It’s a good idea for expectant parents to understand the nurse’s role entirely – and ask about their experience and protocols.
4. Midwives
Midwives offer comprehensive support during pregnancy, labor, and post-delivery. Here are some of their responsibilities:
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a.) Prenatal Care
Closely monitoring the mother’s health and the baby’s development, conducting regular check-ups, and screening for potential complications like hypertension or fetal anomalies. Adequate prenatal care helps ensure a smooth labor and delivery by addressing issues early.
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b.) Labor Support
Assisting with pain management techniques (such as breathing exercises or epidurals) and delivery methods, providing emotional and physical support to the mother throughout labor. Proper labor support can reduce stress and complications during birth.
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c.) Postnatal Care
Ensuring both mother and baby are healthy and adjusting well after birth, monitoring for signs of postpartum depression, infections, or feeding difficulties. Negligence in postnatal care can lead to unaddressed health issues for both mother and child.
If the midwife is negligent in providing these services – and a birth injury occurs – they may be held liable. To help prevent miscommunications or complications, it’s essential to discuss the birthing process and your preferences with your midwife early on.
5. Pharmaceutical Companies
Pharmaceutical companies are responsible for ensuring the safety of medications used during pregnancy and delivery – but this does not always happen as planned. Medication errors can lead to serious birth injuries, and these companies can be held liable in several ways:
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a.) Improper Labeling
Medications must have accurate and comprehensive usage instructions, including the correct dosages, administration methods, and potential interactions with other drugs. Inaccurate or incomplete labeling can lead to misuse, causing harm to both the mother and the baby.
For instance, incorrect dosage information might lead to overdose or underdose, both of which can have serious consequences during pregnancy and childbirth.
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b.) Failure to Warn
Pharmaceutical companies are required to inform consumers and healthcare providers about all possible side effects and risks associated with their medications. This includes warnings about the potential impact on pregnancy, fetal development, and the newborn.
Failure to provide these warnings can result in unanticipated complications, such as birth defects or developmental issues. For example, if a medication increases the risk of preterm labor or congenital disabilities, this information must be clearly communicated.
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c.) Defective Drugs
Any harmful ingredients, contamination, or manufacturing defects in medications can cause serious health issues. Defective drugs may contain harmful substances or may not work as intended, leading to ineffective treatment or adverse reactions. For instance, a medication contaminated with harmful bacteria can cause infections, or a drug with an incorrect formulation can lead to toxic effects.
Parents should always review medication labels and consult healthcare providers about potential risks. However, if you suspect malpractice, it’s best to consult with birth injury law firms to know your options.
Birth Injury Cases
The legal process for birth injury cases involves several steps.
First, you will need to consult with an experienced birth injury lawyer. At Midwest Injury Lawyers, we will start by evaluating your case and gathering evidence like medical records, expert testimony, and documentation of the injury’s impact. This will help determine if the responsible party’s negligence is what directly caused the injury.
Next, your birth injury attorney will file a malpractice claim and negotiate with the defendants. If a settlement is not reached, the case may go to trial — but this is rare.
Once settled, a birth injury claim can bring much-needed financial relief to families affected by birth injuries. Financial compensation can cover medical expenses, rehabilitation, and long-term care. It can also address pain and suffering, loss of income, and other damages.
Additional Support
Remember, you don’t have to go through this alone—help is available. For the Chicago area, local organizations like the March of Dimes can offer valuable resources, including counseling services, financial aid, and advocacy.
Connecting with others who have faced similar challenges can provide comfort and practical advice. It’s also beneficial to explore local support groups and online communities for shared experiences.
Choosing the Right Attorney
Navigating the complexities of birth injury cases often requires legal help. Birth injury lawyers can advocate for your rights and help you reach the best outcome.
If you or your loved one has experienced a birth injury near the Chicago area, our team at Midwest Injury Lawyers is here to help. We can guide you in understanding your options and securing the compensation you deserve.
We work on a contingency agreement, meaning we charge you NOTHING out of pocket to take your case. Schedule a free consultation today to learn more.