How do I prove malpractice if my child was born with a brain injury?

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Heartbreaking and Overwhelming News of a Newborn Child’s Brain Injury

The long-awaited birth of a child is a joyous time for the parents, their family, and friends. However, when the doctor reports to the parents that their new baby may have some complications and the child could face permanent disability due to a brain injury. This sort of information is heartbreaking and overwhelming news for any parent. All the doctor tells the parents is; there were complications during the birthing process. 

Parents never know what to expect and embrace one day at a time. These parents have no idea to what extent of brain injury the child faces. These parents face overwhelming emotional ups and downs, mounting medical expenses, in-depth therapy, and possibly special education. 

The big question remains, is the child a victim of malpractice during labor and delivery. If this is true, how do the parents go about proving malpractice and negligence? 

Proving Medical Malpractice

The critical thing to remember is that not all birth injuries are the result of medical negligence. Medical professionals are subject to error every day. Small non-significant errors in medical judgment, mistakes, and negligence happen every day. These minor errors need documentation and reporting to the management team. However, these minor mishaps in the medical industry by doctors, nurses, medical staff do not get reported and swept under the carpet.  

Proving a birth injury resulting in medical malpractice due to a mistake or negligence is difficult to prove. The fact remains that the parents will need compensation in many different forms, including financial help. 

The medical mistake and possible negligence, causing a brain injury to a child, must be held accountable. Medical research pinpoints a wide variety of possible birth injuries, and each injury has its own set of problems, rehabilitation, nursing care, special education, and more. 

  • Cerebral Palsy
  • Hypoxia
  • Spastic Quadriplegia
  • Fractured Bones
  • Twisted Spines
  • Infections
  • Erb’s Palsy
  • Spina Bifida
  • Brain Injury

Doctors make birth injuries sound as simple as possible by saying there were complications. If medical professionals can cover up a form of medical malpractice or negligence, they will, hoping the news calms. Admitting difficulties during the birthing process lays the fault of the brain injury at the parents’ feet. The medical team may hide any mistakes under the umbrella of complications.  

It takes the expertise of a birth injury lawyer to delve into the baby’s birth circumstances. This attorney can investigate all medical malpractice options and negligence to find out if a gross error did occur. 

Any birth injury can leave the child with disabilities for the rest of their life. The truth about the baby’s birth is information that the parents have the right to know. Truthful answers by the medical team must come to light. Researchers find that a top-quality physician is attentive to the unborn infant and does everything possible to avoid complications. 

During the birthing process, an infant’s body is turned, twisted, pulled at and tugged. Birthing is extremely hard on the baby. All of this activity can cause a congenital disability, including a twisted spine and brain damage. 

There are instances during labor and delivery that lead to a birth injury like brain damage. One issue is that of assuring the infant is not oxygen deprived during labor and delivery. Hypoxia can lead to brain injury. 

If the doctor fails to deliver the infant accurately, fails to perform a C-section when needed, improper use of delivery instruments, failure to closely monitor the mother and baby, medication errors, and more. 
If you believe that your child’s birth injury, brain damage occurred due to medical malpractice, you must not wait another day to contact your Philadelphia birth injury lawyers. 

Your Child’s Right to Compensation

Your child has a right to be heard; the parents have a right to be heard and compensated for wrongdoing. Your right to a lawsuit and medical investigation begins with your attorney whose expertise is birth injuries. It is your lawyer who seeks compensation for ongoing medical expenses, medical care, loss of future income, inability to work, pain, suffering, future living arrangements like assisted living, and more. Compensation must take care of immediate needs and future expected needs based on the child’s abilities. 

We agree that no amount of money can replace what a child lost during labor and delivery. The best we can do for these children is to make sure their future is set financially, taking a tremendous financial burden off the parents and assuring that the child is well taken care of for the rest of their life. 

Laboring mothers and unborn babies deserve a standard of care and nothing less. Doctors and nurses must not fail to monitor the laboring mom and unborn child for signs of distress and danger. The medical team must do the very best they can to ensure the mom and baby’s health. 

If the medical team fails to provide the highest level of health and wellness, they will be held accountable. Your birth injury attorney will hold those who were negligent, causing your baby’s congenital disability responsible. 

The attorney pushes forward to determine a proper diagnosis, and when the doctor documents the appropriate diagnosis, the attorney can then research for the cause. A determination is made by the attorney in regards to medical malpractice and negligence. 

We believe in extensive research and build your medical malpractice case on the information we get from the medical team, the child’s condition, documentation during labor and delivery, and more. The claims for birth injuries are never the same, and every mom and baby is uniquely different. Once our investigation is complete, we can finally supply the parents with the answers they could never get. We get the parents and their child the appropriate compensation to cover the child’s immediate needs and future needs. 

As soon as you suspect that your new baby was the victim of medical malpractice and negligence, call us as quickly as possible and never allow too much time to pass before you decide to sue. You and your baby deserve adequate and appropriate compensation.