A botched delivery for a child can be heartbreaking, as brain damage can result in intellectual limitations, hearing deficits, vision impairment, behavioral problems, seizures and learning disabilities, which the child will have to suffer with for the rest of his or her life.
Malpractice cases involving brain injuries are troubling for everyone involved, as victims often require extended therapy and rehabilitation. Additionally, there may be specialized education needs required to treat the child, which are costly not only for parents, but for taxpayers and the public.
Many injuries during the birthing process are caused by the use of forceps and/or other forms of medical devices. It is estimated that one in 664 infants delivered using medical forceps sustains a brain injury, as does one in 860 infants delivered using a vacuum extractor.
Another way an injury can occur during childbirth is through a delay in services. If a doctor fails to order a C-section in a timely fashion, a lack of oxygen can cause severe issues for a child, as the delivery process is prolonged.
A case involving a botched delivery recently was settled in the United Kingdom, where a family was awarded 12 million Euros after a boy was delivered approximately 25 minutes later than he should have been, which caused him to sustain brain damage due to a lack of oxygen.
How Do I File a Brain Injury Lawsuit on Behalf of My Child?
If your child has sustained a brain injury, or any other type of complication during delivery, including cerebral palsy, shoulder dystocia or Erb’s palsy, you should contact our attorneys immediately.
Keep in mind, time is of the essence in birth injury cases, as most states have statute of limitation laws that require that cases be filed in a set amount of time. The limits vary, but the quicker you talk to an attorney, the better chance you will have at your case moving forward.
If your child suffered injuries because of a botched delivery, you should also obtain your pre-natal and post-delivery medical records. Our birth injury attorneys can review these records and look for potential errors. Keep in mind, one of our partners, Ryan Krebs, is both a medical doctor and an attorney—he has unique skills that can assist any form of birth injury litigation.
Contact the birth injury attorneys at our firm immediately if your son or daughter is suffering from developmental or physical complications, so that we may advise you of your legal rights.
We may investigate your case to see if carelessness on the behalf of your healthcare providers played a role in your child’s condition.
[Did You Know: Male children, ages 0-4 years old, have the highest rate of traumatic brain injury emergency room visits each year in the U.S.]
