birth injury lawyer

How to Identify Medical Malpractice in Birth Injury Cases

As a new parent, the responsibilities of taking care of a new child are overwhelming—and that struggle becomes even more complex if your child has been injured due to a mistake in the birthing process. It’s a tough road to navigate, but understanding whether medical malpractice played a role is crucial. That’s where having a compassionate and experienced birth injury lawyer by your side can make all the difference.

This guide aims to empower you with the knowledge to confidently address any potential malpractice issues. Your family’s well-being is our priority, and we’re here to help you every step of the way.

Understanding Birth Injuries

Birth injuries are defined as any harm suffered by an infant during labor or delivery. Such injuries can range from minor bruising and cuts to even more severe conditions such as cerebral palsy or brain damage.

Birth injuries can occur for various reasons, including natural complications during childbirth, genetic conditions, or negligent medical care. It’s important to note that not all birth injuries are considered malpractice; however, if medical negligence is involved, then it becomes a case of medical malpractice.

Unfortunately, birth injuries can have lifelong consequences for both the child and their family, including emotional, physical, and financial burdens. It’s crucial to identify if medical malpractice played a role in these injuries to seek proper legal and medical recourse with a birth injury lawyer.

Signs of Medical Malpractice in Birth Injury Cases

To determine if medical malpractice is a factor in your child’s birth injury, it’s essential to look for certain signs and red flags. These may include:

  • Failure to monitor fetal distress signs during labor
  • Mismanagement of labor and delivery
  • Misuse of medical tools (such as forceps or vacuum extractors) or procedures
  • Failure to respond to maternal complications
  • Delayed diagnosis or treatment of birth complications

If you notice any of these signs, it’s essential to gather all medical records and act immediately.

Steps to Take if Medical Malpractice Is Suspected

If you believe that medical malpractice played a role in your child’s birth injury, follow the steps below to take appropriate action:

1. Seek a Second Medical Opinion

Get a second medical opinion from a reputable doctor or specialist. This can confirm the proper diagnosis that will be necessary to get your child the treatment they need. If you suspect there was negligence during the birth of your child, we would suggest you NOT discuss your concerns with your child’s doctors. 

Simply allow them to provide the best care for your child without having to worry about the legal implications of anything they might say in their medical records.

2. Collect the Medical Records

You are entitled to your records, and your child’s records, with no questions asked. You do not need to talk directly to your doctor to get your records. All healthcare facilities have a department or person that is responsible for providing copies of medical records. Keep in mind that it can often take several weeks for the complete set of records to be generated and signed by the treating providers. 

If you suspect that negligent care was provided, it would be wise to wait a few weeks before requesting your records. For one, you want to make sure you get a complete set. But in addition, you’ll want to ensure that records are not being written or altered because the doctor knows you have requested a copy of them. 

3. Consult a Medical Malpractice Attorney

Seek legal counsel from an experienced birth injury lawyer. They’ll listen to your story, review your case, and advise you on the best course of action, whether it’s pursuing a lawsuit or negotiating a settlement. There are time limits for filing a malpractice claim, so we recommend consulting an attorney as soon as you can.

Need a Birth Injury Lawyer? Reach Out to G. Eric Nielson & Associates

If you suspect that medical malpractice caused your child’s birth injury, the birth injury lawyers at G. Eric Nielson & Associates can help. Our experienced attorneys specialize specifically in medical malpractice and will fight for your rights, no matter how complex the case. 

Contact us today for a free consultation and let us assist you in seeking justice for your family.