Here’s What You Need to Know About Medical Malpractice During Birth
Giving birth is supposed to be a joyous and exciting occasion: not something that causes serious injuries to your child. Unfortunately, for some parents, giving birth can quickly turn from an exciting experience to an unforgettable nightmare. If a doctor, nurse, or other medical professional does not act appropriately or promptly during the birthing process, birth complications that can lead to serious injury can occur. Medical malpractice during birth can cause severe issues for a child, including Cephalohematoma, Hypoxic-Ischemic Encephalopathy (HIE), and bone fractures. Your child should be born healthy and uninjured. Being born with a brain injury or bone fracture is not a normal part of the birthing process. If you suspect a birth injury, there are three important things you need to know.
1. Medical malpractice can happen to anyone
One of the most important things to remember during this time is that birth injuries can affect anyone. Maybe you’re a registered nurse who is giving birth for the first time or perhaps you’re an experienced mother who hired a doula. Maybe you’re giving birth with a physician you trust or with a team of trained professionals who understand that you’re high risk. No matter how prepared you are for birth, though, medical injuries can occur. When a medical malpractice issue arises during birth, understand that these issues can affect any family, regardless of how prepared they are for the birthing process.
2. Documentation is key
Unfortunately, it’s up to you to gather information and documentation to back up your claims of medical malpractice. There are a number of things you can provide to your attorney that will help them create a well-rounded case. Perhaps the most important thing you can obtain is a copy of your medical records. Your medical records will contain details about your birth experience, as well as heart rate information and vital signs for both you and your child. Your attorney may want to see pictures of the injuries and may also need to speak with your child’s pediatrician for more information.
3. It’s important to act quickly
Each state has a statute of limitations that requires you to report birth injuries and medical malpractice within a timely fashion. These laws are designed to prevent you from coming forward years later when proving an injury would be much more difficult, if not impossible. Ideally, you should meet with an attorney as soon as you realize a birth injury has occurred so they can begin guiding you through the process of seeking restitution for your child’s injuries.
Don’t wait to get the assistance of a medical malpractice attorney. Your family deserves to begin healing and moving forward. The right lawyer can help.