The time of labor and delivery will have an impact on your child's life. Unfortunately a failure to appreciate issues on a fetal heart monitor or an ultrasound can lead to debilitating permanent injuries to the infant, as a brief period of poor oxygenation to the infant case cause permanent brain damage.
How Are Liability, Causation, & Damages Satisfied for This Case Type
A common birth injury case is a failure to perform a C-section. When there are signs of fetal distress during the course of labor, immediate C-section may be indicated. However, if the doctor fails to recognize the infant needs immediate C-section and instead waits it out, this can be malpractice.
A second common category of cases is negligence during the delivery leading to injuries such as Erb's palsy. Doctors or midwives may have done an inappropriate or improper maneuver while delivering the infant.
The failure to follow the standard of care must be the cause of the infant's injuries. For example, if a C-section was not performed when it should have been, and the infant has hypoxic ischemic encephalopathy (HIE), it will not be difficult to prove causation in this case.
What injuries did the child suffer as a result of the malpractice? This determines the value of the case. Damages in birth injury cases are typically significant because the injuries are often permanent and may have a long term impact on the child's life. When the brain is deprived of oxygen, the results can be devastating. Even Erb's palsy cases have significant damages because the infant will need therapy and may not make a full recovery.