ou have plans for your child’s well-being and plans for the future. 🎓 From all accounts, your child 👶 will be healthy. However, injuries could occur during birth.
Birth injuries range from mild to severe and may be mental, physical, cognitive, and emotional. Often, such injuries are preventable.
Labor and delivery nurses, physicians, and other staff are trained to expect problems and resolve them quickly so that you and your baby are safe. All medical professionals are obligated to try to prevent birth injuries. In situations where your baby suffers from a complication of birth, the hospital or staff may be held liable.
If you believe your baby is suffering from birth injuries, no matter how minor, contact Litster Frost Injury Attorneys to schedule a consult. We will discuss with you the work and research needed to determine initial steps as well as how we will handle your case if you choose to work with us.
When defending lawyers try to say that your baby has a birth defect:
- A birth injury is not the same as a birth defect. A birth defect is when your baby was genetically predisposed to have a birth defect, whereas a birth injury happens during labor and/or delivery.
- The birth injury and medical malpractice attorneys at Litster Frost Injury Lawyers know that other attorneys use tactics such as these.
- Evidence of birth injury is important in helping our attorneys prove the injuries are birth injuries and not birth defects.
We have been helping families who have experienced suffering caused by medical malpractice in Boise and the rest of Idaho for years. Let us help you too.
SOME PREVENTABLE CAUSES OF BIRTH INJURY
Oxygen deprivation is caused by failure to monitor labor and delivery. Nurses and obstetricians should be monitoring fetal monitors and should be able to interpret the tracings to ensure the baby has enough oxygen.
Pre-eclampsia is diagnosed after 20 weeks of pregnancy when high blood pressure is accompanied by other characterizing symptoms, including proteinuria. In pre-eclampsia cases, high blood pressure slows the rate of oxygen and nutrients that reach the baby. Gradually, the baby becomes starved and its growth can be affected. This can result in an early or premature birth.
Gestational diabetes develops during pregnancy. If the condition is not properly controlled, the baby will end up producing too much insulin, which puts the baby at risk for a number of serious conditions and injuries.
For example, the baby could grow excessively large. In this case, a doctor may recommend an early birth. Unfortunately, babies born pre-term have a greater risk of respiratory distress syndrome. Also, babies that weigh 9 or more pounds have an increased risk of birth injury since they are more likely to get stuck in the birth canal.
Cephalopelvic disproportion is when the baby’s head is too big to fit through the mother’s pelvis. This is a condition that should be diagnosed and treated before or during labor and delivery.
Not Following Procedure
Some birth complications may be missed by failing to do procedures such as blood tests, brain-cooling treatments, and ultrasounds.
Not informing the mother of the benefits and risks of certain procedures may also be considered negligent care. For example, if Pitocin is used to induce labor and the mother isn’t warned of the potential side effects if the drug is not administered properly, this could be a form of negligence, especially if it causes complications during birth.
Delaying treatments such as a necessary C-section may also cause birth complications and injuries.
Providing incorrect treatment for a procedure and the improper use of delivery tools may also cause birth injuries.
Not Following Procedure
* While these are not the only causes of birth injury, they are very common and often result in serious injury.
COMMON BIRTH INJURIES
Brain Damage & CP
Brachial Plexus Injuries
DAMAGES YOU MAY BE ENTITLED TO
Medical Expenses and/or Rehabilitation
You may also be reimbursed for rehabilitation, counseling, therapy, and special medical equipment costs.
HOW TO PROVE A BIRTH INJURY LAWSUIT
Get treatment ASAP.
Hold on to all medical records.
Give proof of responsibility.
Provide evidence of a breach.
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ARE THERE ANY EXCEPTIONS TO THE
STATUTE OF LIMITATIONS
According to Idaho law, you must file a lawsuit within two years of your child’s injury. However, there are some special cases.
A one-year countdown starts when you discover (1) a foreign object left inside your child’s body or (2) the concealment of malpractice. These exceptions only apply if you did not already have reason to suspect malpractice.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.