Thanks to the advances in medicine over the course of the last 50 years, babies are safely born to women in Wisconsin every day. Despite these advances, medical care providers still fail to meet the accepted standard of care in some cases, resulting in a birth injury. In a case such as this, a medical malpractice suit may be appropriate.
First, it is important to differentiate between a birth injury and a birth defect. A birth injury happens as a result of a complication that arises during labor and/or delivery. This could be as a result of equipment used or other issues that lead to lack of oxygen, for example. A birth defect happened before birth, possibly as a result of a mother’s actions or a genetic defect.
A medical malpractice case might be appropriate in the event of birth injury caused by a doctor or other health care provider who fails to provide adequate care. These injuries generally occur in two different ways. The first relates to a doctor who fails to respond appropriately. This could include failure to recognize hypertension or the need for a C-section, or incorrectly using equipment, such as forceps. In the second scenario, the baby is harmed due to injuries caused during prenatal care, including damage caused by a prescription drug.
An experienced attorney in Wisconsin can help a family coping with the devastation that accompanies a birth injury determine whether a medical malpractice suit may be appropriate. There is likely nothing more devastating to parents than the knowledge that their baby’s injury or death could have been prevented if the accepted standard of care had been met. By pursuing justice in a civil court, another family may be saved from suffering a similar fate.
Source: injury.findlaw.com, “Birth Injury Overview“, Dec. 15, 2014
