Giving birth to a new baby is one of the most exciting and vital times in a mother’s life. However, discovering a child’s congenital disability after birth can be very challenging for parents and families. While different reasons may contribute to a birth defect, certain cases occur due to preventable accidents or avoidable mistakes. Negligence in the medical field leads to many malpractice cases each year.
Sometimes, negligent and preventable acts on behalf of healthcare providers lead to birth defects, which affect one in every 33 babies every year in the United States. Our medical malpractice lawyer at Kenison Law Office may help your family recover compensation for the medical care, expenses, and damage your child and family sustained because of medical errors.
What Is a Birth Defect and What Causes Birth Complications?
A congenital disability is an abnormality that develops while a baby is still within the womb. At times, genetic conditions, which doctors cannot prevent, cause birth defects. Although, there are various cases where medical errors and negligence lead to congenital defects. Birth injuries may also be attributed to preventable accidents during labor and delivery. Although, these cases differ from a birth defect, in that it typically occurs during or after a child’s birth.
Common types of birth defects and birth injuries include:
- Brain injury and damage
- Spinal cord injury
- Club foot
- Cleft palate
- Heart defects
- Cerebral Palsy
- Erb’s Palsy
- Newborn jaundice
- Brachial plexus injury
- Spina bifida
- Subconjunctival hemorrhage
Unfortunately, a family and their child suffer from the effects of severe birth defects and the complications their child sustains. The effects of preventable injuries and medical errors on an individual can also progress into adulthood. When a mother is pregnant, she typically requires routine appointments during the pregnancy and before giving birth. When physicians and healthcare professionals fail to properly screen a mother and her growing baby in the womb, complications can arise that may later affect both individuals.
Did Medical Malpractice Play a Role in My Child’s Birth Injury?
If you have given birth to a new baby and face the hardships of a birth defect or birth injury on your child, an experienced legal team may help your family recover the necessary compensation to best care for your newborn. Our medical malpractice lawyer at Kenison Law Office fights for your justice in your child’s case. Negligent and preventable acts can contribute to the injuries or birth defects your child experiences in a malpractice case.
Typical medical errors and causes of preventable birth injuries and defects include:
- Failure to properly diagnose and treat a pregnant mother.
- Failure to properly screen and evaluate a mother and baby during pregnancy for preeclampsia, diabetes, and maternal infection.
- Health care providers force or exert pressure on the baby during labor.
- Failure to monitor a baby’s heartbeat and detect abnormalities during labor and delivery.
- Neglecting to perform a C-section when it is indicated.
- Misusing birthing tools such as forceps, a vacuum, or other supplies.
- Failure of the healthcare provider to control bleeding or excessive blood loss in labor.
- Doctors misdiagnose or fail to diagnose and treat preventable conditions or infections.
- Postponing proper and timely treatment may have prevented long-term adverse effects of complications in labor and delivery.
Many of these instances will require obtaining much evidence. It’s recommended to speak with a medical malpractice lawyer for help obtaining evidence and arranging a claim.
Filing a Claim and Proving Medical Malpractice in New Hampshire
Birth defects and newborn complications often have detrimental effects on a mother, her baby, and the family. When a family faces the challenges of a newborn suffering a defect or injury caused by a doctor’s negligence, New Hampshire law permits the parent to file a claim to seek compensation. When your baby is born with a defect or suffering the effects of a birth injury, seek a professional lawyer that may help you file a claim and prove negligence on behalf of the party responsible.
Failing to treat any illness or high-risk conditions during pregnancy creates the parameters for unsafe childbirth and adds harm to a baby. When medical negligence is the cause of your child’s condition, you may file a claim within three years of the negligent acts. An experienced and trustworthy attorney may be able to help you seek justice for your child by taking legal action to pursue the necessary compensation for the damages.
How Can a Manchester Birth Defect Lawyer Help My Case?
Medical malpractice cases are not all alike, as different types of situations can cause harm to an individual when healthcare professionals are negligent in some way. The effects of birth defects and birth complications go beyond the labor and delivery period. Some long-term effects of obstetric and labor negligence are traumatic brain damage to the baby, excessive bleeding in the mother, newborn spinal cord injuries, and other conditions that may develop because of failing to provide proper care.
Benefits of hiring an experienced New Hampshire congenital disability lawyer include:
- A lawyer is knowledgeable about medical malpractice laws.
- Legal teams provide the necessary resources for collecting evidence and testimonies.
- Lawyers support their clients and fight for the justice they deserve in a malpractice case.
- Your legal team can educate you about your rights and may help to ensure you receive the right amount of compensation.
- Your lawyer represents you in a lawsuit and provides a skilled defense.
Types of compensation recovery in a medical malpractice case may include:
- Hospital expenses
- Current and future medical expenses regarding caring for your child
- Pain and suffering
- Any disability or disfigurement caused by negligent acts
- Loss of current or future wages
- Other kinds of non-economic and economic losses experienced by your child and family
Proving negligence and navigating a medical malpractice case, especially in the case of a birth defect, can be challenging and stressful. With a dedicated attorney and efficient legal team on your side, you may feel more at ease throughout the litigation process. Recovering compensation may help you financially recover from hospital bills and expenses necessary to care for and treat your child correctly.
Consult With Kenison Law Group to Seek Legal Representation Following a Birth Defect
At Kenison Law Office, we understand that every case is individual. It may require different resources when collecting evidence, seeking expert testimony, and pursuing a just verdict for our clients and their families. In any case, we listen to your testimony and the events of what you have suffered through. While the birth of a new baby may be a joyous time for many families, birth defects and the long-term effects of medical malpractice add stress and hardship to parents’ experiences.
Our seasoned and trusted attorney, John B. Kenison Jr., may be able to help you take legal action against parties responsible for medical negligence and the harmful effects they caused. To speak with our legal team, complete a contact form or call us at (603) 945-7142 to schedule a free consultation.