Is My Child’s Birth Injury a Case of Medical Malpractice?
When you choose to have a child, you look forward to every moment of their life. A birth injury can take that away from you in an instant. At DeWitt Algorri & Algorri, we know how devastating this outcome can be, and we’re here to help you if you decide to pursue a medical malpractice claim.
With decades of legal experience and recognition amongst peers, the team at DeWitt Algorri & Algorri is committed to helping grieving parents hold negligent medical providers accountable. In one of our medical malpractice cases, we represented the family of a child who passed away at birth because of a doctor’s negligence. Despite the doctor’s attempts to pass blame onto other care providers, we were able to secure an award of $268,000 for the family’s emotional distress. Learn more about how we can help you now by calling our office at 855-WINNING (946-6464).
Common Birth Injuries – Unfortunately, birth injuries are quite common, despite significant advances in medical knowledge and technology. While birth is safer now than it has been at any point in history, tragedy can still strike. Some birth injuries reported by parents include:
- Cerebral palsy
- Erb’s palsy
- Death prior to or during delivery
- Cephalohematoma
- Shoulder dystocia leading to brachial palsy or a broken clavicle
- Broken clavicle
- Spinal cord injury
It can be very difficult for parents to know if something has gone wrong during delivery, especially if they are first-time parents with no previous experience in labor and delivery. Looking out for common symptoms of birth injuries is one way to determine whether or not further investigation is required. These symptoms include:
- Frequent arching of the neck and back
- Overly stiff or floppy muscles (indicative of high or low muscle tone)
- Seizures
- Uncontrollable crying
- Swelling of the head
- Developmental milestones met late or not met at all
- Baby sleeping too much
- Loss of sight, hearing, or other senses
- Difficulty feeding
- Lack of motor skills on one side of the body
- Cuts on the forehead due to forceps usage
Do I Have a Claim? – A bad outcome doesn’t automatically mean that medical malpractice has occurred. Sometimes, despite a doctor’s best efforts and adherence to evidence-based practice, a baby suffers a bad outcome. A case must meet specific requirements to qualify as medical malpractice.
Certain actions on the part of a care provider can lead to birth injuries and constitute medical malpractice. If any of these occurred, it may be time to talk to an attorney about your options:
- Pulling on the baby’s head or shoulders during delivery
- Delay in performing C-section or failure to perform C-section
- Missing the signs of fetal distress
- Unsafe use of vacuum or forceps
- Failure to test mother for specific conditions or deficiencies during pregnancy
- Missing the signs of maternal infection
- Ignorance of risk factors during pregnancy that may cause gestational diabetes, pre-eclampsia, cholestasis, or other diagnoses that can harm the baby
To determine whether or not a doctor engaged in malpractice, your attorney will need to look at what other doctors would have done in a similar situation. If they could survey doctors with the same level of knowledge and experience, what would those doctors have done in the situation your doctor faced? If they would have made the same choices your doctor did, malpractice may not have occurred. However, if your doctor’s choices are significantly different from what any other reasonable care provider would have done, they may have acted outside their scope of practice or ignored the principles of evidence-based medicine.
Another factor complicating birth injury claims is the fact that even if malpractice occurred, it may not have caused the child’s condition. If the child’s injury was the result of bad luck, genetics, or unavoidable circumstances, the doctor’s choices during labor and delivery may not even be relevant.
Why You Need a Medical Malpractice Lawyer
Medical malpractice is an extremely complex area of law. If you believe your child suffered unnecessarily because of your doctor’s care, you owe it to them and to yourself to find out if you have a claim. Our team’s extensive knowledge and experience in this area gives us the skill we need to assess your claim, investigate it, and move forward with a case if necessary. Our medical malpractice attorneys serve Pasadena, Orange County & the Inland Empire and we’re very familiar with the courts and judges throughout Southern California. We understand how traumatic this time can be for parents, and we want to help you get the answers you deserve.
Reach Out to DeWitt Algorri & Algorri Now
You deserve closure, and we can help you understand exactly what happened and what went wrong. The first step is to set up a consultation. Call us at 855-WINNING (946-6464) or reach out online.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
