Birth Injury and Trauma Lawyer

Though the natural trauma of childbirth can cause injuries to a child that are unrelated to medical negligence, a great many childbirth injuries can be caused by medical malpractice. A child’s birth injuries or death may result from negligent treatment by obstetricians or other medical professionals during a woman’s pregnancy or the labor and delivery stages of a child’s birth.

If your child was negligently injured during childbirth or suffered a birth injury as a result of medical negligence during your pregnancy, you may be entitled to compensation for the damages your child has suffered as a result. The Killino Firm’s West Palm Beach, Florida, birth injury and trauma attorneys have extensive experience with birth injury cases and can help you obtain the justice you deserve from the individuals and/or entities responsible for your child’s birth injury. Contact The Killino Firm at 561-835-9898 for a no-cost evaluation of your case and more information about your legal rights and options.

Legal Liability for Birth Injuries Caused by Medical Malpractice

Medical professionals, such as obstetricians, nurses, midwives, and others who care for a woman during her pregnancy or assist in her child’s birth may be found liable for a child’s death or birth injury if their negligence is determined to have caused the child’s birth injury or death. Entities that employ such individuals or that own or operate the facilities in which children are born may also be found liable for childbirth injuries or deaths found to have been caused by their employees’ negligence or by their own direct negligence.

Birth Injuries or Deaths Caused by Negligent Medical Care during a Woman’s Pregnancy

Negligent medical care during a woman’s pregnancy can result in the death of her fetus or the subsequent birth injury to her child. Certain conditions or complications that occur during pregnancy, for example, can result in a fetus’s death or serious injury if not timely diagnosed and appropriately handled by medical professionals responsible for the woman’s pregnancy treatment and care. Common examples of complications that can lead to a fetus’s death or serious injury include nuchal cord (the wrapping of the umbilical cord around the fetus’s neck) or placental abruption. If an obstetrician negligently fails to recognize and handle these complications and the obstetrician’s negligence is determined to have been a cause of the fetus’s injury or death, the obstetrician may be held liable for the damages suffered by the child or the child’s family as a result.

Conditions in a pregnant woman such as excessive weight gain or diabetes may also result in a subsequent birth injury to her child. Fetal macrosomia, or fetal weight above the average for the fetus’s gestational age, may be caused by a mother’s excessive weight gain or diabetes during pregnancy. Fetal macrosomia can, in turn, result in certain birth injuries to a child, including brachial plexus palsy and Erb’s palsy. Thus, an obstetrician’s failure to adequately monitor and manage a pregnant patient’s diabetes or excessive weight gain may be determined to constitute medical negligence causal of a child’s brachial plexus or Erb’s palsy birth injury.

Birth Injuries and Deaths Caused by Negligent Medical Care during Labor and Delivery

Children may also sustain birth injuries due to the negligence of medical personnel during a woman’s labor and the delivery of her child. The negligent handling of a fetus’s shoulder dystocia (the catching of the fetus’s shoulder on the mother’s pelvic bone) during childbirth, for example, may cause a child’s brachial plexus palsy or Erb’s palsy injury. Shoulder dystocia may be caused by fetal macrosomia, which may or may not result from medical negligence during a mother’s pregnancy. If a fetus’s macrosomia is not found to have been caused by medical negligence during the mother’s pregnancy, the negligent handling of this complication during a child’s birth may nevertheless result in liability on the part of medical professionals who improperly handle the fetus’s shoulder dystocia and thereby cause the fetus’s brachial plexus or Erb’s palsy injury.

If, on the other hand, the fetus’s macrosomia is found to have been caused by medical negligence during the mother’s pregnancy, such negligence may be found to combine with the negligence of medical personnel assisting in her child’s birth to cause a child’s brachial plexus palsy or other birth injury. This may result in the liability of any or all medical professionals whose negligence is determined to have been causal of the child’s birth injury.

Hospitals, clinics, and other entities that employ medical professionals whose negligence is determined to have caused a child’s birth injury may also be found liable for the damages suffered by the child as a result. Employers may be held indirectly liable for injuries caused by an employee’s negligence while the employee is working for the employer.

Employers may also be held directly liable if their own negligence is found to have contributed to a child’s birth injury. This can occur when an employer is found to have been negligent in screening, hiring, training, monitoring, or retaining an employee whose negligence is found to have caused a child’s birth injury. Direct liability of a hospital or clinic may also result when a hospital or clinic has been negligent in other ways, such as by failing to adopt adequate childbirth policies, failing to maintain hospital or clinic equipment, or failing to prevent the existence of unsanitary conditions that are dangerous to a mother or child’s health.

Contact Us

If your child sustained any type of birth injury as a result of medical negligence during your pregnancy or the labor and delivery stages of childbirth, The Killino Firm’s West Palm Beach, Florida, birth injury and trauma attorneys can help you fight for the compensation to which you are entitled from all those responsible for your child’s injuries. Contact The Killino Firm at 561-835-9898 for expert and experienced assistance with your child’s birth injury or birth trauma case.

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The Killino Firm's West Palm Beach attorneys work tirelessly for each and every client and do what it takes to get the results our clients deserve.
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Date published: 03/05/2015
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