Sadly, clients sometimes contact us because what should be a joyous occasion, the birth of a child, has taken a tragic turn. They are usually contacting us because they believe their medical providers’ actions resulted in an injury or birth defect in their new child. If they are correct, they are due significant compensation for the injury their child suffered and the extra expense raising their child will entail.
Our firm has significant experience representing parties in medical malpractice cases and can provide expert counsel if your child suffered a preventable birth defect or birth injury at the hands of medical providers. What does “preventable injury” mean though? A “preventable injury” is one occurring when a medical provider such as a nurse or doctor treats a mother or child during the childbirth process, fails to meet the accepted standard of care, and that failure results in an injury or birth defect.
What are Birth Injuries?
A birth injury is an injury caused during labor and delivery. Common causes for birth injuries are labor itself, complications of labor, c-sections, medical mistakes during labor involving a c-section or the use of forceps, failure to monitor fetal health and signs of distress. If your child was injured during birth, that does not mean that you have a claim for compensation for that injury. The question will be whether the medical professionals who handled the birth met the professional standards of care given the situation presented to them. Basically, proving negligence does not hinge on the appearance of an injury, but on the failure to meet the requisite standard of care.
What are Birth Defects?
As was said above, birth injuries occur during the labor and delivery of the child. In contrast, birth defects occur while a child is developing for nine months in the womb. Not only are the time periods very different, but so are the standards for negligence. That is because injuries to the child during the birthing process are relatively easier to establish than those that develop while the child in the womb. The latter is usually assumed to be congenital and to have little to do with the medical care the mother receives. However, if a mother is given incorrect medication or medication to which the mother has a known allergy, there can be a successful claim for compensation for the birth defects arising from that negligence.
What Make a Strong Case?
There a multitude of complex factors that must be scrutinized before bringing a medical malpractice claim based on a birth injury or birth defect. At the core of any strong case, however, is a clear showing of negligence. A clear showing of negligence means that a medical professional such as a doctor or nurse did not meet the accepted standard of medical care when they provided treatment and that that failure caused you or your child harm.
What Should You Do if You Believe Your Child Was Injured During Birth?
If your child was born with either birth defects or a birth injury, you may be due compensation. While no amount of compensation can truly make you whole, you will need financial compensation to help meet your child’s ongoing medical and developmental needs. Receiving the compensation you deserve will require consultation with an experienced personal injury attorney. Hiring inexperienced counsel lacking Mississippi medical malpractice experience will lead to frustration and a settlement that is a fraction of what you deserve, if you receive anything at all.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your child was born with birth defencts or a birth injury.
Contact us now at (800) 707-9577, to get experienced counsel on your side.
