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Injuries and Death During Childbirth

Injury to or death of a newborn during the childbirth process is a devastating loss to the family. When a baby does suffer injuries during childbirth, they can have profound ramifications for the rest of the baby’s life. For those who need assistance with a medical malpractice case arising out of a birth injury or death, it is essential to select a highly experienced law firm. Lawyers at The Law Offices of John Day have the extensive knowledge and experience necessary to represent families who have experienced tragedy during the time of their pregnancies, labor and deliveries, or during the postpartum period after the baby has been delivered. We work very closely with parents and their children in order to obtain successful results on their behalf.

A health care provider may be responsible for injuries suffered by a child during birth if it is proven that the provider failed to deliver the applicable standard of care in treating the patient and that the injuries would not have otherwise occurred. Proving what the health care provider should have done differently in treating the patient depends, to some extent, on the provider’s specialty. Birth injury cases may involve multiple health care providers, including obstetricians / gynecologists (or “OB/GYN”), hospitals, labor and delivery nurses, and others. In addition, some babies are born with complications (such as congenital anomalies or genetic conditions) despite receiving appropriate medical care. To prove that a child suffered injuries because of inadequate care, we have worked with perinatologists, neurologists, neuro-radiologists, placental pathologists, and other specialists.

Birth injury cases can arise from numerous circumstances, including the failure of an obstetrician to recognize risk factors or conditions that require treatment during the prenatal course, or the failure of an obstetrician or hospital employee to recognize a critical change in the status of a mother or her baby during labor and delivery. Other times the cases involve physical injury to the baby during delivery – such as a birth trauma caused by forceps. Investigation into these cases sometimes reveals hospital policies that do not adequately set out the proper course of action for those caring for and treating new mothers and their babies. In some cases, an obstetrician or hospital staff failed to promptly perform a cesarean section (or “c-section”) that would likely have ensured delivery of a healthy baby.

Any case depends on its own particular facts and the applicable law and medicine. Potential birth injury cases may include:

  • Failure to Diagnose and Treat Preeclampsia
  • Failure to Promptly Recognize a Placental Abruption
  • Failure to Promptly Recognize a Uterine Rupture
  • Inappropriate Administration of Pitocin
  • Misinterpretation of Fetal Heart Monitor Tracings
  • Failure to Recognize and Treat Fetal Distress
  • Failure to Perform a Timely Cesarean Section
  • Inappropriate Use of Forceps or Vacuum
  • Failure to Recognize and Treat Postpartum Hemorrhage
  • Inadequate Hospital Policies Governing the Care of Obstetrical Patients
  • Failure to Diagnose and Treat Twin-to-Twin Transfusion Syndrome

One common thread in birth injury cases is the devastating life-long injuries that the victims face. Oxygen deprivation during the labor and delivery process can lead to severe brain damage to the baby and even death. We have represented families whose children have suffered hypoxic encephalopathy and cerebral palsy. These children face the profound consequences of their injuries for their entire lives. They may require in-home nursing care, physical and occupational therapies, tube feedings, and still struggle with basic learning and physical tasks. We are proud to have the opportunity to help children and their families navigate the legal system to recover for their losses.

If you would like to speak to an attorney about a potential birth trauma or wrongful death claim involving a baby or mother, please contact us online call us at 615-742-4880 or 866-812-8787.

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