Can I Sue the Hospital if My Child is Injured During Child Birth?
Giving birth is one of the happiest moments in most parents’ lives, as they welcome their newborn bundle of joy into the world. Most babies are delivered in a hospital by an obstetrician, or other doctor with training in obstetrics. While many child births occur without any problems, sometimes a baby is injured during the birth process.
Recent statistics show us that in the United States, approximately 27 of every 1,000 births results in a birth injury. In many cases, your unborn baby may suffer an injury during labor or delivery, and it may have been impossible to avoid the injury to your baby depending on your individual circumstances.
However, there are cases where your doctor may have chosen a type of treatment that was inappropriate, or your doctor may not have used proper skill and care before and during the time you delivered your baby.
A mistake made during the delivery of your baby could have the potential to harm your child, and there are many reasons a mistake could occur. Common mistakes made during the birth of a baby include:
- Failing to recognize and handle a baby that’s in distress
- Using forceps incorrectly
- Excessive force
- The baby is not getting enough oxygen
- Not following up after the baby is delivered
- Wrong dosage of medications
- Not performing a cesarean section when it’s required
- Giving medications that are dangerous
A medical malpractice case may be brought if your doctor deviated from the “medical standard of care in the community” that caused your baby to be injured. While your doctor’s mistake or negligence may be medical malpractice, unless your doctor’s actions or inactions caused serious injury to you or your baby, you may not have a valid birth injury case. A viable birth injury lawsuit requires that you and your attorney prove malpractice and provide proof that your baby was harmed
If your baby was injured during child birth, it’s vital that you seek remedial medical care for your baby to ensure its well-being and safety.
It’s very rare for a doctor to admit they were negligent. The majority of malpractice insurance policies have a clause that says the insurance company must get your doctor’s consent before settling a claim. If your doctor refuses to settle the claim, the insurance company must provide an attorney to defend your malpractice law suit.
The most important step if your baby has been injured in childbirth is to consult with an experienced New York City medical malpractice attorney who will be able to analyze your case through their many years of experience to help you determine who may be truly at-fault. While every case is different, these types of cases happen far more often than one would believe. You and your family don’t deserve to suffer due to the negligence of others, especially at the hands of the medical professionals who we turn to for help.
Your Manhattan family attorney can issue subpoenas to depose the nurses, anesthesiologist, and anyone else who was present during the labor and delivery of your baby. Your attorney will also issue a subpoena to have the hospital turn over all employment records, background information, complaints, and any other documents relating to the doctor that delivered your baby.
If your baby was injured during labor and/or delivery, you may be able to recover financial compensation to assist in any injury-related expenses, pain and suffering, long-term care, and other losses you and your family may have suffered.
The team at Greenberg & Stein has more than 75 years of combined experience and has handled all manner of medical malpractice cases. You can be assured that our team will apply our years of legal experience to your claim in order to help you receive some semblance of justice.
If your baby was injured during labor and/or delivery, you may be able to recover financial compensation to assist in any injury-related expenses, pain and suffering, long-term care, and other losses you and your family may have suffered.
We offer a free consultation and a 24-hour phone line, so don’t hesitate to call us if your family has suffered during childbirth in New York City. Call us today at 888-411-3966 to schedule your free legal consultation.