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Not All Birth Injuries Are Medical Malpractice

Mellino Law Firm

When something goes wrong during the birth of a child, it could be as the result of medical negligence.

The important thing to remember is that not “all” incidents that happen at birth are the result of medical malpractice. The only way to determine that, if you have concerns about something that may have happened to your child, is to talk to an experienced Cleveland medical malpractice lawyer.

Many birth injuries impact the whole family, not just the child, and may have lasting complications for the rest of the child’s life. For this reason, if you suspect something went wrong during your labor or while you were being cared for while in hospital, speak to a skilled lawyer who will be able to advise you what types of incidents are normally classified as medical malpractice.

One well-known birth injury result, and also one of the most severe injuries, is cerebral palsy. Other injuries that follow closely behind in terms of severity are Erb’s palsy, petechial hemorrhaging in the eyes, broken bones, facial paralysis, bruising, brain damage, forceps and vacuum injuries, and temporary or permanent paralysis.

Statistics provided by a US National Heath Care Quality report in 2009 indicate that birth injuries have fallen since 2003, but there is still room for improvement. The 2009 report indicated 2 birth injuries take place in every 1,000 births, down from 7 in 2003.

If the injury to the baby was the result of medical negligence, the improper use of a medical device, the failure to make a correct or timely diagnosis relating to fetal distress, or not properly caring for the mother or the baby, the injured parties have the right to compensation for their injuries and the pain and suffering.

If a birth injury or subsequently a wrongful death could have been avoided but for the negligence of a medical professional, this is the time toconsult a Cleveland medical malpractice lawyer. Typically speaking, the general rule of thumb relating to medical malpractice cases is that doctors (and other medical professionals) are duty-bound to provide their patients with an accepted standard of care. If they fail to provide that care, they are in breach of their stated duty and the parents may be able to file a lawsuit.

Compensation that may be sought in a lawsuit of this nature may include funds for a permanent disability, medical expenses, loss of future earnings, pain and suffering, special expenses related to caring for the disabled child, and special equipment to assist the child to live a relatively normal life.

Each state has its own rules and regulations when it comes to the amount of compensation that may be awarded in a medical malpractice case. This is also something you really need to talk to a Cleveland medical malpractice lawyer about, as there is something in place in many states called “capping” that means only a certain amount of money may be awarded in a case like this, despite what the injuries may be.


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