Let Us Answer Your Legal Questions About Birth Injuries
Doctors and other medical professionals are responsible for our well-being when we are at our most vulnerable. Expectant mothers especially should not have to worry about the well-being of their children before they are even born. It is unfortunate that birth injuries occur so frequently across the country, and even more unfortunate that many mothers and newborns are placed in situations where they may suffer severe negative impacts.
The attorneys at Maples, Nix & Diesselhorst in Oklahoma City represent families who suffer the heartbreak of having a child born with a birth injury. The following provide answers to questions we often receive.
What is birth injury?
Any type of trauma suffered by a newborn during childbirth is classified as a birth injury. According to The Journal of the American Medical Association, “Birth injury may occur in any type of delivery.[and] it is very essential, therefore, that a careful explanation be given to parents, and the most valuable explanation, of course, comes from the consultant who is not present at the birth. This consultant is most often the pediatrician.”
My child suffered a birth injury. What should I do?
First things first, it is imperative that you seek the advice of other medical professionals to determine the best method of treatment for your child’s birth injury. After that, you should retain the services of an experienced personal injury lawyer who will examine the circumstances surrounding the birth of your child, get the advice of experts and other medical professionals as needed, and logically determine whether or not there was any amount of negligence involved in causing your newborn’s birth injury.
How does a birth injury happen?
Birth injuries may occur in a variety of ways. If an expectant mother is not given the proper prenatal care by her physician, and all obligatory precautions to ensure the safest possible delivery are not implemented, her physician’s care can be deemed negligent. If the physician prescribes the incorrect type of prenatal medication, or an incorrect dosage of a particular type of medication is prescribed to the expectant mother, the physician can be held liable for damages resulting from the negligence.
During childbirth, if a child is not delivered quickly, they are at risk of injury. For example, if a cesarean section is required, then it should be properly and quickly performed to prevent harm to both the mother and the child. However, if the cesarean section is not absolutely essential in preventing harm, then a physician should not perform such a procedure. Ultimately, when a physician fails to provide necessary and proper care to an expectant mother during childbirth, the medical professional can be deemed negligent and therefore should be held accountable for their actions.
What is the statute of limitations for birth injury cases?
Although your child has the right to sue for birth injury until age 19 in Oklahoma, most parents file civil claims much earlier to pay for the cost of providing the best care for their child.