Giving birth to a baby who has a significant physical impairment is a shock for any mother. This is especially true when the pregnancy went well and ultrasounds showed no signs of fetal distress. For most new moms, the shock soon gives way to protectiveness. They only want what is best for their new son or daughter. However, that doesn’t mean they don’t have questions about how the birth injury happened.
It’s Not Always a Birth Defect
When a baby is born with cerebral palsy or another serious complication, the tendency is to assume it is due to a birth defect that occurred in utero. In reality, the injury is sometimes caused by the birth process itself. According to the website FindLaw, five babies in 1,000 experience some type of birth trauma resulting in significant health and development issues.
As an example, some cases of cerebral palsy are due to a lack of oxygen during the birthing process. This is a preventable medical mistake. Another common cause of birth injuries is the improper use of vacuum extraction or forceps during a difficult or prolonged labor. The baby can sustain serious head injuries, suffer from a lack of oxygen, or experience other serious complications.
Because it is often confusing to distinguish between an organic birth defect and a case of medical malpractice, families should consider hiring birth trauma or birth injury lawyers. They review evidence on the family’s behalf and help to determine if medical malpractice has occurred.
The Burden of Proof is on the Injured
Obviously, a baby who experienced birth trauma cannot represent himself or herself in a personal injury lawsuit. It is up to the child’s parents to hire legal representation when seeking to collect financial compensation. We urge any family who has experienced this tragedy to contact us at Frekhtman & Associates for a case evaluation.