Birth Injury Liability
Birth injury liability is a blanket term that covers several types of birth injuries: cerebral palsy and erbs palsy, brain injuries from birth, labor and delivery negligence and other types of birth injuries. The common factor in these injuries is that they occur as a result of negligence on the part of the hospital, nurses or delivering doctors. Birth injury liability language states that doctors, nurses and hospitals owe patients a reasonable duty of care. If these individuals fail to deliver this reasonable care, they may be liable for certain birth injuries.
Determining Birth Injury Liability
Medical professionals and hospitals can only be held liable for birth injuries if it can be demonstrated that they failed to act with a reasonable duty of care. For example, if a birth injury can be proven to have been caused in utero, before the delivery, the medical professionals responsible at the birth may not be liable for the injury. On the other hand, if a doctor could have reasonably been expected to spot a problem in utero during the pregnancy, and failed to treat it, the doctor could be liable for the injury. If this is the case, contact your Dallas attorney that specializes in birth injuries for a free legal consultation.
More commonly, though, birth injury liability refers to injuries that occur at the time of the birth. Birth injuries that may be the result of negligence include things like:
• Failure to remove the child from the birth canal in a timely manner, resulting in lack of oxygen to the brain;
• Failure to recognize and treat seizures;
• Failure to notice a prolapsed cord, and respond appropriately;
• Improper use of equipment during a birth;
• Failure to respond to changes in fetal heart rate;
• Failure to diagnose and treat jaundice in a timely manner.
This isn’t an exhaustive list of birth injuries, but lists a few of the most common birth injuries that mothers and children encounter during the delivery process. The type of injury and the responsible party determine birth injury liability. For more information on birth injuries visit http://www.lpch.org/diseasehealthinfo/healthlibrary/newborn/ncomnjry.html.