In the United States, infant death occurs in more than 5 of every 1,000 live births, and birth injuries and defects are even more common. Knowing that your newborn child’s life is at risk, or that they may experience health complications throughout their life, can be extremely concerning, and you may feel powerless to do anything about it. 

Perhaps you assume that birth complications are simply inevitable in some cases and that you are one of the unlucky ones. However, according to the Centers for Disease Control and Prevention (CDC) one of the leading causes of birth injuries and infant mortality is accidents during childbirth. It is not always easy to determine whether the negligence of a doctor or healthcare professional is to blame for your child’s injuries, but there are resources to help you uncover the root cause and determine whether it is possible to pursue compensation for damages. Here are some things you can do to identify and demonstrate medical negligence.

Consult With a Birth Injury Attorney

If your child has suffered an injury during childbirth and you have any suspicion that medical negligence may have been a factor, it is a good idea to talk to an attorney as soon as possible. An attorney who has direct experience with birth injury cases can listen to your account of the childbirth process and look out for any red flags that may require further investigation. An experienced attorney can also ask the right questions to help you identify signs of negligence that you may have been totally unaware of.

 Spina bifida is a serious birth defect that can affect a child throughout their life. If your child is born with spina bifida—especially open spina bifida or myelomeningocele—they may need extensive medical care and treatment immediately after birth and as they grow older. This treatment can be extremely expensive, and you may be concerned about your ability to cover the costs. Fortunately, there are a variety of financial resources that may be available to you.

What Are the Treatments for Spina Bifida?

There are a few different types of spina bifida, and the necessary treatment depends in large part on the severity of the type that your child has. One of the most common treatments for spina bifida is surgery early in the child’s life, or even before birth. Doctors may be able to perform surgery to close the spine, repair a tethered spinal cord, or drain fluid from the brain that accumulates due to the condition.

Children with spina bifida will also need regular health check-ups to monitor their condition and identify any new treatment needs. Children with more severe forms of spina bifida may have limited mobility or paralysis, so they may require ongoing physical therapy as well as equipment to assist with movement regular bathroom functions, including a wheelchair, walker, crutches, and catheter.

While birth injuries to a mother or child do sometimes happen, many of these injuries are preventable. Doctors and other healthcare providers have a duty to provide reasonable care based on their patients’ needs, and when they fail to uphold that duty, a patient can file a medical malpractice claim for any resulting injuries and damages.

If there is evidence of medical negligence in connection with any injuries you or your child suffered during the birthing process, you can pursue compensation for the costs of the necessary medical care and treatment for these injuries. However, these are not the only damages that you may be able to recover. Depending on the nature and effects of the injuries, you could have a claim for lost wages and non-economic damages like pain and suffering.

Understanding Lost Wages and Pain and Suffering Damages

Injury victims may recover damages for lost wages when the effects of their injuries prevent them from working and earning income at full capacity. For example, a person may miss time at work during their recovery, or a disabling injury may entirely prevent them from working in the future.

Labor and childbirth is an extremely stressful process, with a variety of possible risks of injury to the mother and child. In some cases, the risk of injury or health complications may still be present after the birth is complete. Doctors and other healthcare professionals are responsible for keeping a close eye on new mothers and babies to provide any necessary care and treatment. However, these professionals sometimes make mistakes, and unfortunately, medical negligence can have long-lasting consequences.

Medical Errors Soon After Childbirth

It is not uncommon for a mother or newborn to experience some health complications after childbirth, especially if the baby was born prematurely or there were difficulties during the birth. In many cases, healthcare providers are able to attend to these complications and ensure that the mother and child are back to full health before leaving the hospital. However, it is also possible for a care provider to cause or contribute to further complications through one of the following errors:

The process of labor and childbirth is complicated, and it can be influenced by many factors, including the mother’s health and the development of the fetus. In many cases, vaginal deliveries are not possible, and doctors must make an important decision to proceed with a Cesarean delivery, or C-section, at the right time. However, Cesarean deliveries can be risky, and unfortunately, both the mother and child can suffer injuries due to improperly timed deliveries and other medical errors.

Common Injuries Related to C-Section Procedures

A C-section is a surgical procedure, and as with other types of surgeries, there is a possibility of error on the part of the operating doctor or other health care providers who are involved in the process. Mothers and babies could suffer a variety of injuries during or after the C-section, including:

• Wounds from surgical instruments - An error in the process of making the incision or extracting the child from the uterus could cause injuries to the mother’s internal organs or laceration injuries to the child, both of which could be accompanied by excessive bleeding. 

  ...