Traumatic injury to a newborn occurring during the birthing process is a tragic but all too common occurrence. Medical malpractice is one of the causes of birth injury.
While traumatic birth injuries can occur to any part of an infant's body, the most serious and those with the most far-reaching consequences are injuries to the brain and neurologic system. These injuries can occur either through direct trauma to the skull of the fetus or through a biological process which results in fetal distress--a lack of adequate oxygen to the fetus' (baby's) brain, which can cause cerebral palsy.
While birth injuries may occur even if an obstetrician skillfully and properly handles the pre-natal and birthing process, oftentimes they result from inappropriate or deficient medical treatment. This inappropriate or deficient treatment is often referred to as medical negligence or medical malpractice.
If a child is injured at birth through medical negligence or medical malpractice, the parents may be entitled to compensation for the injuries and damages they have suffered. If you suspect that an infant has suffered birth trauma (cerebral palsy, shoulder dystocia, etc.) caused by medical negligence or medical malpractice, it is important to immediately investigate the matter to determine the cause of the injury.
A medical expert should review the birth records and all of the facts surrounding the birth injury to determine if the medical care fell below the acceptable standard of care in the community. If an expert concludes within a reasonable degree of medical certainty that the birth injury was caused by medical negligence or medical malpractice, then it may be appropriate to pursue an action in court.
Lawyers at Hill-Boren have prosecuted numerous birth injury cases that resulted in recovery of compensation for the damage caused by the hospital or doctor's negligence. A parent who suspects that their child suffers from a birth injury should act quickly to have the matter investigated. E-mail us, call us at 1.800.727.0622 or use the contact form on the right.
Cases of birth injury outside of Tennessee will be investigated and highly qualified attorneys in the state where the negligent medical care occurred will be employed. Your child's legal rights will be protected.
