When Should You Suspect That A Birth Injury Was Preventable?

27 November 2019
 Categories: , Blog


Childbirth is exciting for many reasons, not the least of which is bringing a new life full of hope and promise into the world. That's what makes finding out that your child has serious medical problems shortly after birth so devastating for parents. They aren't just considering their own broken dreams — they're worried about their newborn's entire future.

A birth injury lawsuit may help. A successful lawsuit can provide the money that you need to properly care for an injured child and also make sure that the child is well protected far into the future. 

But how do you know if you have a valid claim? After all, the hospital is probably telling you that nothing more could have been done, that the injury was just "one of those things" and not something that could be prevented. Here's when you should be asking more questions:

1. You had an emergency C-section.

If your C-section was planned, you may have known all along that there were potential problems with delivery. An emergency C-section, however, is a sign that something was overlooked or went wrong. Be particularly suspicious if your labor was unproductive and you felt like the doctor waited until the last possible minute to act. 

2. Your doctor assisted in the delivery with tools.

An assisted birth is one where the doctor uses a vacuum tool or some type of forceps to pull the baby from the mother's body. That's a delicate procedure and not something that a doctor should do unless it's absolutely necessary. In addition, not every doctor is actually qualified to use those tools. Mishandling them can easily lead to brain damage or blindness.

3. You were given a lot of medication while pregnant.

Pregnancy can be a very uncomfortable experience for a lot of women, but doctors should be hesitant to put an expectant mother on any kind of medication during pregnancy unless it is absolutely necessary. If you were given strong anti-nausea medication, put on anti-depressants, or given anything else that might be questionable, you should be questioning your doctor's competency.

4. Your medical team was slow to respond to problems.

During your labor, you and your baby should have been monitored closely for problems. If the monitors said that the baby was in some distress and the medical team assisting you was slow to react, that may be the root cause of your baby's injury.

If any of these situations seem familiar to you, talk to a personal injury attorney today.