Birthing Errors and Medical Malpractice

The birth of a child should be a joyous occasion, but when medical negligence leads to birthing errors, it can result in devastating consequences for both the newborn and the mother. If you or your child has suffered due to a birthing error, it’s crucial to understand your legal rights and options. The experienced attorneys at Siri & Glimstad are dedicated to helping families affected by birth-related medical malpractice seek the justice and compensation they deserve.

Birthing errors can occur at various stages of pregnancy, labor, and delivery. Recognizing these errors is essential in identifying potential medical malpractice cases.

Failure to Monitor Fetal Distress

One of the most critical responsibilities of healthcare providers during labor and delivery is to monitor the baby’s vital signs. Failure to properly monitor or respond to signs of fetal distress can lead to oxygen deprivation, potentially resulting in severe brain damage or even death.

Improper Use of Birthing Tools

The misuse of forceps or vacuum extractors during delivery can cause serious injuries to both the mother and the baby. These injuries may include skull fractures, brain damage, nerve injuries, or maternal tissue damage.

Delayed C-Section

When complications arise during labor, a timely cesarean section (C-section) may be necessary to prevent harm to the mother and baby. Failure to recognize the need for a C-section or delaying the procedure can result in severe consequences, including brain damage due to oxygen deprivation or other birth injuries.

The impact of birthing errors can be far-reaching and long-lasting, affecting both the child and the family.

Physical Injuries to the Child

Birthing errors can lead to various physical injuries in newborns, including but not limited to:

• Cerebral palsy
• Erb’s palsy (brachial plexus injury)
• Hypoxic-ischemic encephalopathy (HIE)
• Fractures
• Spinal cord injuries

These injuries may result in lifelong disabilities, requiring extensive medical care and support.

Maternal Injuries

Mothers can also suffer serious injuries due to birthing errors, such as:

• Uterine rupture
• Excessive bleeding
• Infection
• Perineal tears
• Postpartum complications

These injuries can lead to long-term health issues, affecting the mother’s quality of life and ability to care for her child.

Emotional and Financial Impact

The emotional toll of birthing errors on families cannot be overstated. Parents may experience grief, anxiety, and depression while coping with their child’s injuries or their own health complications. Additionally, the financial burden of ongoing medical care, rehabilitation, and special needs support can be overwhelming for many families.

If you or your child has been affected by a birthing error, you may be entitled to compensation for your injuries, medical expenses, and other damages. The attorneys at Siri & Glimstad have extensive experience in handling birth injury cases and can guide you through the complex legal process.

Establishing Medical Negligence

To pursue a medical malpractice claim for a birthing error, it’s necessary to establish that the healthcare provider’s actions or inactions fell below the accepted standard of care.

This involves proving that:

• A doctor-patient relationship existed
• The healthcare provider breached the standard of care
• This breach caused the injury
• The injury resulted in damages

The legal team at Siri & Glimstad has medical experts on staff who can review your case and provide expert testimony to support your claim. They will meticulously gather and analyze medical records, witness statements, and other evidence to build a strong case on your behalf.

Identifying Liable Parties

Determining liability in birthing error cases can be complex, as multiple healthcare providers may be involved in prenatal care, labor, and delivery. Potentially liable parties may include:

• Obstetricians
• Nurses
• Midwives
• Anesthesiologists
• The hospital or birthing center

Siri & Glimstad’s attorneys have the expertise to thoroughly investigate your case and identify all potentially responsible parties, ensuring that you seek compensation from all liable entities.

Calculating Damages

Victims of birthing errors may be entitled to various types of compensation, including:

• Past and future medical expenses
• Rehabilitation and therapy costs
• Special education expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of quality of life

We understand the full scope of damages that can result from birthing errors and we will work diligently to ensure that all your current and future losses are properly accounted for and that you receive fair compensation for your injuries.

Pursuing a medical malpractice claim for a birthing error can be a complex and lengthy process. The attorneys at Siri & Glimstad will guide you through each step, including:

1. Initial case evaluation
2. Filing the lawsuit
3. Discovery phase (gathering evidence)
4. Negotiations with insurance companies
5. Trial preparation and representation (if necessary)

Throughout the process, Siri & Glimstad’s legal team will keep you informed and involved, ensuring that your voice is heard and your interests are protected.

Meeting Statutes of Limitations

It’s crucial to be aware that there are time limits, known as statutes of limitations, for filing medical malpractice claims. These limits vary by state and can be particularly convoluted in cases involving birth injuries. The legal team at Siri & Glimstad can help you understand the applicable time limits in your case and ensure that your claim is filed within the required timeframe.

Birthing errors can have life-altering consequences for patients and their families. If you or a loved one has suffered due to a birthing error, it’s crucial to seek legal representation from attorneys who specialize in medical malpractice cases. The team at Siri & Glimstad has the knowledge, experience, and resources to handle even the most complicated birthing error cases. Don’t let the complexities of the legal system discourage you from seeking justice. Contact Siri & Glimstad today for a confidential consultation to discuss your case.