Newborn baby in hospital post-delivery room Respirator
A baby is extremely vulnerable during the birthing process. Labor and delivery are one of the times a medical professional must be diligent in making sure that the baby and mother remain safe during this process. Unfortunately, medical professionals aren’t often as diligent and medical negligence occurs. Negligent deliveries can have a devastating impact on the baby’s future.
Common Types of Birth Injuries and Complications in Phoenix
In Phoenix, there are some common types of birth injuries that occur because medical negligence. Medical negligence is the failure to act as an obstetrician, or another medical professional would have in the same and/or similar situation. For example, brachial palsy is one type of common birth injury.
Brachial palsy occurs when the nerves in the base of the baby’s neck are damaged because of the excessive force used during the delivery. This force may be too much movement, or strength used can damage the nerves in their neck. The extent of the damage depends on the amount of force used.
Cerebral palsy is other type of common birth injury. It occurs when a baby is deprived of huge amounts of oxygen for a period of time. The loss of oxygen causes medical conditions such as permanent physical disability and loss of motor function impairment.
Permanent brain damage can occur when a baby is deprived of oxygen. It can also happen when they suffer severe trauma to their head during the labor and delivery. This can impair brain function after the child’s birth.
Bone fractures are another type of common injury that happens at birth. A medical professional can use excessive force when delivering the baby and break on or more of their bones. The extent of the fracture depends on the amount of force used.
Proving a Birth Injury Occurred in Phoenix Civil Court
A birth injury falls in the category of medical malpractice claim. Medical malpractice occurs when the medical professional causes a patient’s additional injury. This additional injury causes more pain, suffering and damages such as medical bills. Parents can sue on their baby’s behalf for the medical negligence caused.
Medical malpractice claims are tough to prove. Parents need the help of a birth injury lawyer phoenix az. Proving medical malpractice occurs in four steps. These steps are legal duty, breach of duty, causation and damages. They must be proven in a series of steps.
For example, parents must prove the medical professional owed their baby a legal duty not to harm them while treating. They then must prove the medical professional breached that legal duty. The third step is that their direct or indirect actions led to the baby’s injury. The last step is proving damages such as additional medical bills and pain and suffering. A birth injury attorney will often file a case in court and work on a settlement on the baby’s behalf. The settlement will include past, present and future damages to eliminate the financial burden associated with the injury.
