The last thing any mother wants to discover is that her child has suffered an injury before, during, or shortly after the birthing process. If you receive this unsettling news, it’s important to consult a medical malpractice lawyer in Minneapolis to consider your options. While not all infant injuries result from negligence, many physicians are guilty of falling short of the standards of care.
Birth Complication vs. Professional Negligence
Some births are complicated, with no reasonable expectation of preventing problems, harm to mother and child, and even deaths. However, some birth complications are avoidable and can be prevented with proper care by the medical team.
Medical malpractice is a form of professional negligence where a health care provider does not conduct themselves in a way that a reasonably prudent physician would in the same or similar circumstances.
When a lack of proper care by a medical provider results in harm to an infant, the family can file a medical malpractice claim in pursuit of financial compensation to be made whole again. Identifying whether your child’s injury was caused by medical malpractice is important for your family’s future.
Signs of Medical Malpractice
Medical malpractice during the birth of a child may take the form of misdiagnoses, medication mistakes, epidural errors, failure to monitor, failure to order a C-section or the misuse of delivery tools. If your child has a common type of malpractice-related birth injury, this could be a red flag that your doctor did something wrong.
Potential signs of malpractice in a newborn include:
- Visible injuries
- Swelling or bruising
- Facial paralysis
- Broken bones
- Trouble breathing or feeding
- Incessant or strange crying
- Seizures
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Muscle development issues
- Missed milestones
Some birth injuries are immediately apparent as soon as the child is delivered, while others take days, weeks, months or even years to appear. In a case of cerebral palsy caused by brain hypoxia during birth, for example, cognitive deficits may not be noticed until the child is older.
What Are the Legal Elements for a Medical Malpractice Claim?
You may have the ability to file a medical malpractice claim if there is evidence that the at-fault physician owed you a duty of care (there was a doctor-patient relationship), breached this duty of care through a negligent act or omission, and that this caused your baby’s injury.
You or your lawyer will need to prove medical negligence using evidence and documentation. Evidence may include medical records, witness accounts, photos and videos, and expert testimony.
Get a Second Opinion
If you believe your birth story and your child’s injuries show signs of medical malpractice, it is critical to bring your child to a different doctor or pediatrician for a second opinion. Do not return to the medical facility that may have caused the birth injury. Have your child evaluated by a third-party physician.
Then, consult with an experienced and qualified birth injury attorney. A lawyer will listen to your story and use advanced legal knowledge to determine whether your case has merit. If your family has the elements of a medical malpractice claim, a lawyer can help you take the necessary steps to file a claim and seek justice on behalf of your injured child.