Your pregnancy, labor, and delivery should be a wonderful time in your life, but when complications arise and your baby suffers an injury at birth, you may be ready to take action against whoever is to blame for your baby’s condition.
One of the most common parties to have a medical malpractice claim brought against them for a birth injury are physicians associated with prenatal care, labor, and delivery of the baby. We describe in further detail below when it is appropriate to consider the pursuit of a medical malpractice lawsuit and when these physicians should be compelled to provide compensation for your losses and those of your baby.
When to Sue for a Birth Injury
There are many instances under which it may be appropriate to file a medical malpractice lawsuit for a birth injury. Generally speaking, we will need to be able to prove that the injury in question was caused by a medical error and that the individual responsible breached the medical standard of care.
Basically, the medical standard of care is breached when a medical professional of the same education, training, experience, and knowledge would not have made the same decision as the individual providing care to you and your newborn baby.
With that being said, there are some types of birth injuries that are frequently known for being caused by a medical professional, including:
- Brachial plexus palsy
- Cerebral palsy
- Caput succedaneum
- Aspirating meconium
- Untreated jaundice
- Bone fractures and breaks
These are only a few frequently seen birth injuries, and if your baby was born with another type of injury not included in the list above, don’t hesitate to reach out to our office to learn more about if we can help you recover compensation for what has been done to your newborn.
Who a Medical Malpractice Claim Can Be Brought Against
As you know, there are many different types of medical professionals who were involved in your prenatal care, labor, and delivery. Any one of them may have been able to prevent your child’s birth injury from occurring, depending on the details of your case. Some of the different caregivers who could have played a part in causing your baby’s birth injury include:
- Obstetricians and gynecologists
- Midwives and certified nurse midwives
- The doctor’s office
- The hospital
In some cases, it may be difficult to determine who should be found liable. Further medical testing may be able to assist in determining how and when the injury occurred, which will give you and your attorney at Wilt & Klausing, PLLC, a better understanding of which party should be named in your medical malpractice lawsuit.
Speak with a Kentucky Birth Injury Lawyer
If you or your baby has suffered devastating injuries during labor or childbirth, you may be entitled to financial compensation. Learn more about whether your physician can be held accountable for negligence by reaching out to an experienced Kentucky birth injury lawyer at Wilt & Klausing, PLLC. You can give us a call at 502-253-9110 or complete the brief contact form provided below to schedule your free, no-obligation case review.