A lapse of judgment at a crucial time, even for a moment, can injure your child permanently. Filing and winning a birth injury lawsuit is necessary not only because you need money to care for your child for the rest of their life; you will also want to get justice by holding the medical professional accountable for what they did.
In order to make the doctor answer for their actions and prevent other parents from going through what you are dealing with right now, you may need a SC birth injury attorney. Hite Law Firm Trial Lawyers can help your family when you need it the most. Contact us today to discuss your case.
Medical Errors That Can Cause Birth Injuries
Doctors can make errors that can harm your child, both in the delivery room and in their office beforehand. They are responsible for evaluating the health of both the mother and the unborn child.
The primary mistake that they can make before the delivery is their failure to monitor potential conditions with both the mother and the child that could complicate delivery. For example, they may fail to diagnose the mother with high blood pressure or gestational diabetes, both things that could require a cesarean section delivery.
The obstetrician must also think quickly in the delivery room. All it takes is a moment for your child’s life to be changed forever. Some common delivery room errors that can cause birth injuries are:
- Failure to perform a cesarean section delivery when it is necessary
- Failure to spot fetal distress
- Failure to accurately measure the baby before delivery
- Improper use of forceps
- Using too much force to pull the baby out
- Failure to recognize breech presentation
Doctors and medical professionals could also make errors in the hours and days after the baby is born, such as the failure to diagnose and treat serious medical injuries and conditions.
Examples of Common Birth Injuries
Below are common examples of birth injury that resulted from a medical professional’s negligence:
- Cerebral palsy is the most common birth injury, and it results from trauma to the brain during delivery or gestation
- Fetal stroke, which can occur after oxygen is cut off momentarily
- Brachial palsy, which is an injury to the nerves in the arm and shoulder from a traumatic delivery
- A subgaleal hemorrhage, which is bleeding on the brain, usually from the use of forceps or a vacuum extractor
Who May Be Liable for Your Child’s Injury?
After your child has suffered a birth injury, several parties could be held accountable, including:
- The OB/GYN who failed to diagnose the condition or made serious error in the delivery room
- The pediatrician who treated the child in the immediate hours and days after the birth
- The hospital that employed the doctor as an employer is liable for the actions of their employees
- A pharmacy that made a mistake in prescribing medication
- A testing lab that incorrectly read results
Proving Negligence in a Birth Injury Case in Abbeville
In order to win your medical malpractice case, you need to prove that the doctor was negligent. Essentially, that means that the doctor made a mistake that an ordinary doctor would not have made, and it injured your child.
In many cases, the doctor may not admit to making an error. They may either make an excuse or simply clam up and stop talking. It is up to you to get the information and evidence that you need to prove that they were negligent.
In general, you would prove negligence by doing the following:
- Obtaining the medical records that help you recreate what the doctor did
- Hearing from the medical professional themselves by asking them questions in a deposition
- Using testimony from expert medical witnesses to show exactly how the doctor violated the standard of care for doctors
After your baby has been injured, you are understandably angry about what happened. Not only do you blame the doctor for what happened, but you may also be getting the runaround from them. You may find that nobody is listening when you need it. Hite Law Firm Trial Lawyers may be able to help.
We will take up the fight for you to right the wrong that was done. Our lawyers will work to uncover whether the doctor’s carelessness caused your baby’s injury.
It is not always easy to prove any type of medical malpractice. People tend to trust doctors because they strike an authoritative and knowledgeable tone.
However, when the facts and law are on your side, your family may be entitled to the financial compensation that it deserves.
How Our Attorneys Can Help Your Family
First and foremost, we will listen to you and learn all about your situation and what happened. Then, our attorneys can do the following in your case:
- Investigate what happened and obtain the medical records that are yours
- Select qualified and persuasive medical experts to work with for your case
- File the lawsuit complaint that will allege how the doctor or medical professional violated the standard of care
- Aggressively pursue all relevant evidence in the lawsuit discovery process that will help you win your case
- Attempt to reach a potential settlement before trial
- Argue your case in court if a settlement cannot be reached
- Defend the jury verdict on appeal if you win your case
Contact an Abbeville SC Birth Injury Attorney Today
Hite Law Firm Trial Lawyers are your advocates when you need us after a birth injury. We handle your case with compassion. We can help your family by doing everything that we can to obtain the money needed to care for them, both now and in the future. To reach out to a SC birth injury lawyer, you can fill out an online contact form or call us today at 864-664-2252.
