What Counts as Birth Injury Malpractice? Protecting Your Newborn’s Future

Bringing a child into the world should be a moment of joy and wonder. However, for some families, complications during birth can turn this joyful event into a traumatic experience, especially when a preventable birth injury occurs. If you believe you or your baby suffered harm due to medical negligence, it’s important to understand what counts as birth injury malpractice and how to take steps to protect your child’s future.

What Is Birth Injury Malpractice?

Birth injury malpractice happens when a healthcare provider’s negligence or poor decision-making during pregnancy, labor, delivery, or postpartum care causes preventable harm to a newborn or the birthing parent. Medical professionals must provide care that meets accepted standards in their field. It may be considered malpractice when they fail to do so, and that failure leads to injury.

Examples of Birth Injury Malpractice

Birth injuries can take many forms, and not every complication during childbirth is the result of malpractice. However, here are a few scenarios that may indicate negligence:

Failure to Monitor: Not identifying or addressing fetal distress (such as irregular heartbeats or oxygen deprivation) promptly may lead to brain injuries like cerebral palsy or hypoxic-ischemic encephalopathy (HIE).
Improper Use of Tools: Misuse of forceps or vacuum extractors during delivery can cause skull fractures, nerve damage (like brachial plexus injuries), or other severe injuries.
Delayed or Improper C-Section: Waiting too long to perform a necessary C-section or mishandling the procedure can harm both the mother and the baby.
Medication Errors: Providing the wrong dosage of medication during labor or administering unsafe drugs can cause complications.
Neglecting Maternal Health Risks: Failing to address pre-existing conditions in the mother, such as high blood pressure or diabetes, can put both the parent and baby in danger.

If any of these situations sound familiar, it’s critical to investigate whether negligence played a role.

What Are Your Legal Rights as Parents?

When medical professionals fall short of their responsibilities, families can seek compensation for the harm caused. Birth injury compensation can help cover:

Medical Expenses: Ongoing treatments, therapies, or surgeries for your child.
Specialized Care Needs: Equipment, home modifications, or access to resources for long-term disability care.
Lost Wages: If a parent needs to leave their job or reduce hours to care for their injured child.
Pain and Suffering: Both the emotional and physical toll an injury has on the family.

It’s important to know you are not powerless. You have legal options that can help your family cope financially and hold negligent parties accountable.

What Steps Should You Take If You Suspect Malpractice?

If you suspect a birth injury was caused by malpractice, here are some key steps to follow:

Document Everything: Keep detailed records of your medical history, your child’s diagnosis, and any treatments or therapies they are receiving.
Request Medical Records: Obtain copies of all prenatal, labor, and delivery records. These documents can be crucial in identifying where mistakes might have been made.
Consult a Personal Injury Attorney: Birth injury cases can be complex, involving medical experts, timelines, and legal nuances. An experienced personal injury attorney can evaluate your case, determine if malpractice occurred, and guide you through the legal process.
Avoid Speaking with Insurance Adjusters Alone: Insurance companies often aim to settle quickly and for less than you might deserve. Speaking with an attorney first ensures your rights are protected.

Why Consulting a Personal Injury Attorney Matters

For families navigating the overwhelming challenges of a birth injury, a personal injury attorney can make all the difference. The right attorney brings expertise, empathy, and understanding during a deeply emotional time. They can:

Help determine whether negligence occurred.
Gather necessary evidence, including expert medical opinions.
Advocate for fair compensation that reflects the full extent of your family's financial and emotional needs.

Legal action may feel daunting, but you do not have to face this process alone. Help is available to guide you every step of the way.

McAlester Birth Injury Lawyer

At Stipe Law Firm, our experienced team of attorneys is dedicated to helping families navigate the legal system and seeking justice for their child’s birth injury. Contact us today at (918) 505-7741 to get started.