Skip To Content
Free consultation Text or call 312.553.4900

Was My Child’s Lifelong Birth Injury Caused by a Doctor’s Negligent Act?

June 7, 2024  ·  By HM&M


Bringing a child into the world should be a joyous occasion, but for some families, it can lead to lifelong challenges and heartache due to birth injuries.

When a child suffers a birth injury, parents are often left grappling with a multitude of questions and emotions. One of the most haunting questions that may arise is whether the injury was caused by the negligence of a doctor or hospital personnel.

Continue reading to explore the complexities surrounding birth injuries, the role of medical negligence, and how you can seek justice and support for your child.

Common Causes and Symptoms of Birth Injuries

Birth injuries are often the result of medical negligence or medical malpractice. Negligence in childbirth can manifest in several ways, including failure to monitor the mother and baby adequately, improper use of medical instruments such as forceps or vacuum extractors, delayed cesarean sections, and administering incorrect medication or dosage.

One of the most devastating aspects of birth injuries is their potential to cause lifelong disabilities or impairments for the child. Conditions such as cerebral palsy, Erb’s palsy, brain damage, and nerve injuries can significantly impact a child’s physical and cognitive development. These conditions often require extensive medical care, therapy, and support throughout their life. For parents, witnessing their child struggle with these challenges can be overwhelming, especially if the injury could have been prevented.

>>>Related read: Common Birth Injuries—And What To Do About Them

How to Determine if Your Child’s Birth Injury Was Caused by Negligence

Determining whether a birth injury was caused by medical negligence often requires a thorough investigation. Medical records, witness testimonies, and expert analysis of the circumstances surrounding the birth are crucial in establishing whether the doctor or medical staff deviated from the standard of care expected in your situation.

As a parent or caregiver, you can also take the following steps to better make this determination:

1. Understand Standards of Care

Educate yourself about the standard of care expected in similar situations. Medical professionals are held to certain standards of practice, and deviation from these standards may constitute negligence.

2. Review Medical Records

Obtain and review all relevant medical records, including prenatal care, labor and delivery notes, and postnatal care. Look for any discrepancies, unusual events, or deviations from standard medical practices.

3. Seek Expert Medical Opinions

Consult with medical experts, such as obstetricians, pediatricians, or specialists in the relevant field of medicine. They can review the medical records and provide their professional opinion on whether the injury was caused by medical negligence.

4. Document Everything

Keep detailed records of your child’s symptoms, progress, and medical treatments. This documentation can be valuable evidence in establishing the extent of the injury and its impact on your child’s life.

5. Get Legal Counsel

Seek advice from experienced medical malpractice attorneys who specialize in birth injury cases. They can evaluate the circumstances surrounding your child’s injury, advise you on your legal options, and help you navigate the legal process.

Seeking Accountability and Support for Your Child’s Birth Injury

Financial Support for Your Child’s Birth Injury

If you believe that medical negligence contributed to your child’s birth injury, pursuing a medical malpractice claim may be your best option in getting the justice you deserve and compensation for your child’s lifelong care.

While pursuing a medical malpractice claim can feel daunting, seeking accountability for medical negligence is crucial for supporting your child, holding negligent parties accountable, and preventing similar incidents in the future.

When selecting a medical malpractice law firm for your case, look for one with medical malpractice experience and a proven track record of success. In addition, schedule a consultation to share information about your case and determine if the firm can provide the compassionate support you need.

>>>Related read: Common Wrongful Birth Case Scenarios: Know When to File a Lawsuit

Emotional Support for Your Child’s Birth Injury

In addition to legal recourse, parents of children with birth injuries often find solace and support in connecting with other families facing similar challenges. Support groups, online forums, and advocacy organizations can provide a sense of community, understanding, and shared resources for navigating the complexities of raising a child with special needs. Building a network of support can help parents feel less isolated and overwhelmed, empowering them to advocate effectively for their child’s needs and rights.

>>>Free resource: How to Support a Child After a Birth Injury

Moreover, parents should explore all available resources and therapies to optimize their child’s development and quality of life. Early intervention services, specialized therapies, educational support, and assistive technologies can play a significant role in helping children with birth injuries reach their full potential. By proactively seeking out these resources and collaborating with healthcare professionals, educators, and therapists, parents can ensure their child receives the comprehensive care and support they deserve.

Monitor Your Baby’s Health and Development with This Free Checklist

As a new parent or caregiver, you may be wondering: How can I best monitor and support my child’s health and well-being? It’s difficult to know the right questions to ask your child’s doctor, but this free Birth Injury Checklist will empower you with the tools you need to track your child’s development and pinpoint any issues should they arise. Download it by clicking the image below.

Hurley McKenna & Mertz Birth Injury Checklist

June 7, 2024

6 Common Lawsuits Based on Life-Changing Product Liability Claims

When we make purchases, we inherently trust that the products will fulfill their intended purpose and enhance our daily lives. Yet, when products fall short of safety standards or harbor unforeseen risks, the consequences can be devastating. Individuals affected by faulty products are left grappling with injuries, financial burdens, and emotional trauma. Below, we explore... Read More

June 7, 2024

Common Symptoms of Cerebral Palsy Due to Medical Malpractice and How to Take Action

Cerebral palsy is a condition that can have lifelong implications for those affected. When cerebral palsy is caused by medical malpractice during pregnancy, childbirth, or postnatal care, it adds another layer of complexity to an already difficult situation. Recognizing the symptoms of cerebral palsy due to medical malpractice is crucial for taking appropriate action. Continue... Read More

We don't support Internet Explorer

Please use Chrome, Safari, Firefox, or Edge to view this site.