The last thing a parent wants to find out is that his or her child has suffered an injury during birth. The labor and delivery processes are tough enough without complications and resultant injuries to mother and/or child. Things get even worse when you discover that someone could – and should – have done something to prevent your infant’s injury.
We trust doctors and obstetricians with the lives of mother and child, but they do not always deliver according to accepted standards of care within the medical industry. If you think negligence contributed to your birth injury in Denver, request a consultation with Jordan, Herington & Rowley. Your family could be eligible for significant compensation.
What Causes Birth Injuries?
Labor and delivery can encounter complications at any given moment. Physicians must be vigilant at all times to monitor both mother and baby for possible issues, and prepared to jump into action to remedy any foreseeable complications. Ill-prepared, inexperienced, and negligent practitioners put both lives in danger. Birth injuries don’t always result from someone’s negligence, but it is a possibility. The following are examples of negligence-related issues that could cause serious birth injuries:
- Equipment breakdowns or malfunctions
- Failure to diagnose maternal conditions during labor
- Failure to monitor the mother or baby’s vital signs
- Failure to notice and correct umbilical cord problems
- Failure to perform an emergency cesarean section
- Improper birthing techniques during complications
- Inappropriate use of birth-assisting tools
- Incompetent or inexperienced doctors or nurses
- Lack of proper care handling newborn infant
- Poor sanitation of birthing tools or operating rooms
The moment you suspect foul play or malpractice was involved in your child’s birth injuries, contact Jordan, Herington & Rowley. We can move in quickly to preserve and collect key evidence such as eyewitness statements, doctor and patient histories, photographs, and more. Our lawyers can then talk you through the legal opportunities that may be available to you, including an insurance claim against the doctor, claim with the Denver hospital’s insurer, or a personal injury/wrongful death claim with the civil courts.
Most Common Types of Birth Injuries
Labor and delivery are very complex procedures, but medical workers with proper training and who adhere to professional standards perform thousands of safe births every day. However, negligence and malpractice can contribute to serious injuries to mothers and newborns alike.
Some of the most common types of injuries in birth injury lawsuits include the following.
- Cerebral palsy: This condition occurs when an infant sustains brain damage during labor and delivery, or during the later stages of pregnancy. Cerebral palsy leads to significant physical and neurological damage, including stiff muscles, lack of coordination, and delays in development.
- Brachial plexus injury: Also known as Erb’s palsy, this injury occurs when a physician damages a baby’s brachial plexus, a group of nerves between the neck and shoulders, during childbirth. A brachial plexus injury can lead to permanent paralysis and other lifelong consequences.
- Brain damage: It is the responsibility of medical professionals to monitor a baby’s vital signs during labor and delivery. Failure to properly monitor oxygen and blood supply, and failure to act quickly if these levels decline, can lead to permanent brain damage or death.
- Spinal cord injury: These injuries occur when the spinal cord sustains trauma during childbirth. A doctor who fails to follow proper procedures during a breech delivery, overstretches the baby, or fails to perform a necessary C-section may damage an infant’s spinal cord, leading to permanent paralysis.
If you recently gave birth and your child sustained a birth injury, you may be eligible for compensation through a birth injury lawsuit. You can claim multiple types of damages associated with your child’s condition, including ongoing medical expenses, a loss of quality of life, and any disability accommodations your family may need.
Maternal Birth Injuries
Many birth injury lawsuits focus on the harm that medical malpractice inflicts on infants, but mothers can experience injury as well. All medical professionals who treat you during your pregnancy, from your obstetrician to the delivery room staff members, must uphold certain standards of care. Failure to uphold these standards can result in serious maternal injuries, including the following.
- Preeclampsia: This pregnancy complication occurs when you develop high blood pressure and sustain damage to certain organ systems, including the liver or kidneys. Preeclampsia is a well-known condition, and it is standard for doctors to monitor pregnant women for its symptoms. Undetected preeclampsia can be fatal.
- Caesarean section complications: Improper aftercare, infections, bleeding, and many other complications can occur after a C-section. In addition, damage from previous C-sections can lead to serious risks for future deliveries.
- Uterine rupture: Doctors may prescribe labor-inducing drugs at higher amounts than is safe for you to take. These overdoses cause violent uterine contractions, which can lead to a rupture. A ruptured uterus is extremely dangerous for both mother and child.
- Anesthesia errors: Modern medicine allows you to elect for pain relief during labor and delivery, namely through anesthesia and spinal epidurals. If your doctor fails to monitor your vital signs while administering this medication, you may experience life-threatening complications.
No new mother deserves to spend her first maternal days in pain or recovering from a serious injury or illness. Medical professionals must maintain high standards while treating pregnant women, and if you believe you were the victim of malpractice during your pregnancy, Jordan, Herington & Rowley can help. You may be eligible for compensation through a birth injury lawsuit.
Who Is Liable for a Birth Injury in Denver?
It can be easy to want to blame the individual person responsible for causing your child harm. However, many staff members are employees of the hospital or birthing facility. In these cases, you might have grounds to sue the entire establishment. This can be good news, since an individual doctor might not have enough to pay a settlement or judgment, but a hospital’s insurance company likely would. In Colorado, you can bring a claim against any health care provider guilty of medical negligence in allegedly causing birth injuries.
Birth injury lawsuits fall under the umbrella of medical malpractice claims in Colorado. You must file this type of claim within two years of the date of your injury. If you don’t discover your child’s injuries until later (e.g. a diagnosis of cerebral palsy when your child is three years old leads you to wonder if the doctor was negligent in lack of oxygen flow to the brain), the clock doesn’t start ticking until the date of discovery.
Speak to a Denver Birth Injuries Attorney
The last thing a parent wants to find out is that his or her child has suffered an injury during birth. The labor and delivery processes are tough enough without complications and resultant injuries to mother and/or child. Things get even worse when you discover that someone could – and should – have done something to prevent your infant’s injury.
We trust doctors and obstetricians with the lives of mother and child, but they do not always deliver according to accepted standards of care within the medical industry. If you think negligence contributed to your birth injury in Denver, request a consultation with Jordan, Herington & Rowley. Your family could be eligible for significant compensation.