The journey to parenthood is often a roller coaster. Right from pregnancy to labor and delivery, you’re bound to experience eclectic waves of emotions from excitement, worry, constant stressing, and sometimes anxiety. While there’s beauty in the entire experience, there’s also a considerable risk, and childbirth is just one of them. With all the highs and lows of pregnancy, the last thing a mother would like to hear is that their child is in a critical state. Granted, we can’t always guarantee total control of the situation; however, measures are undertaken to ensure their baby’s safe and healthy delivery.
What is childbirth injury?
Ideally, medical practitioners and institutions have a role to play in safeguarding your health and well-being and that of your child during birth. Falling short in this spectrum around the delivery time puts your life at risk and the baby’s while exposing you to possible congenital disabilities and injuries. Although injuries resulting from birth aren’t unheard of, a significant fraction of the cases are avoidable. Statistically, 90% of birth injuries stem from harm imposed on the baby or mother before, during, or shortly after delivery. Often, these injuries are attributed to premature birth, the baby’s size, birth canal dilation, or genetics, among other factors. Unfortunately, some babies get injured through medical malpractices and negligence; such situations ultimately call for a birth injury lawsuit.
Legal overview of childbirth injury lawsuits
A birth injury lawsuit is a legally prescribed action for parents or guardians that hold healthcare providers responsible for harming and (or) injuring the child or mother around the time of birth. Suppose your healthcare provider could have minimized the risk of a birth injury or altogether prevented it before, during, or after childbirth, and they didn’t. In that case, you’re prompted to hold them accountable in both the legal and medical spheres.
The field of medicine operates on a code of conduct that imposes strict guidelines in practice; disregard for these regulations is termed malpractice. As technology and medicine evolved, many traditional medical therapies and ministrations were canceled out on the grounds of endangerment. For instance, some hospital and state medical codes have banned the use of forceps extraction during childbirth to avoid fracturing, bruising or injuring the baby. Therefore, any medical practitioner found practicing within such extremities is adjudged to have committed malpractice and could have their license revoked.
Identically, some birth injuries root in negligence from the healthcare provider’s end. Common infections are avoidable by maintaining exceptional hygiene standards and thorough sterilization. If a mother can draw their postpartum disorder back to the health institution that handled her delivery, she is authorized to hold them accountable on the ground of negligence. Any childbirth injuries resulting from the carelessness, ignorance, or mishandling of the patients during childbirth qualify for a birth injury lawsuit.
Birth injury prognosis can turn into fatal medical conditions, some being treatable and others not. Typically, medical specialists arrange for therapy or treatment plans to reverse the damage done or improve the state based on the injury severity when they’re at fault for a birth injury. Alternatively, the healthcare providers may choose an outside court monetary settlement to resolve the injury dispute or offer to cater to the medical expense and treatment costs to fix the injury dispute. However, if the mentioned resolutions do not fit both parties, going to court is a resort to consider.
Depending on the factors leading to the delivery injury, one can determine their eligibility to sue the parties involved. Considering how sensitive and complex the law is, individuals looking to petition on the grounds of childbirth-caused harm are advised to reach out to legal practitioners that specialize in similar cases to walk them through the criteria of filing a birth injury suit. Regardless of the undertaken approach, the court can still mandate a monetary settlement or invalidate the claims altogether. If a judge deems the medical practitioners or healthcare institution involved negligent and dangerous, they can entirely revoke their medical and operational licenses.