Doctors have a duty under both their professional rules of conduct and the law to provide adequate care to their patients. During a child’s birth, this duty extends to both the mother and the child.
Birth complications from restricted airflow can leave the child unable to breathe (neonatal anoxia) and lead to brain damage. This injury can leave a child with cognitive impairments or even cause death.
A Cincinnati newborn anoxic brain injury lawyer at the Fitch Law Firm LLC could help you pursue your case. This service can include:
- Explaining the legal concept of medical malpractice
- Performing an initial investigation into the medical records
- Locating and hiring a qualified expert
- Placing an accurate value on your child’s case
Give us a call today at (513) 407-4521 for your free consultation.
Proving Medical Malpractice After a Birth Injury
A child suffering an injury is not definitive proof of negligence. Parents of affected children need to demonstrate that a doctor’s failures met the legal definition of medical malpractice.
There is no doubt that incidents involving a lack of oxygen during birth are serious matters. However, just as in any other personal injury lawsuit, the fact that a person endured an injury is never definitive proof that another party is to blame. Instead, parties seeking compensation from at-fault medical practitioners must be able to prove that these practitioners committed medical malpractice.
Medical malpractice is a legal term. In general, medical malpractice occurs when a doctor, dentist, nurse, or other provider acts in a way that another provider would not have, given the circumstances. Additionally, this failure to provide adequate care must have resulted in a new or worsening medical condition.
If a child did not receive oxygen during birth, a doctor may have committed medical malpractice. Possible examples of malpractice could include:
- Failing to recognize the child struggling to breathe
- Not identifying potential complicating factors before birth
- Not performing tests to check the child’s responsiveness
- Failing to provide quick intervention upon discovery of a problem
Medical Malpractice and Medical Experts
As obvious as it may appear to a parent that an error has occurred, it is often only possible to prove these concepts in court with the help of a qualified medical expert. This expert can evaluate the records in the case, identify where an error occurred, and provide an alternative treatment plan that could have prevented or at least mitigated the resulting damage.
Proving medical malpractice can be a complicated concept. The legal professionals at the Fitch Law Firm LLC are prepared to perform an initial case evaluation and to hire qualified experts who can present your case to a jury.
For a free legal consultation with a anoxic brain injury lawyer serving Cincinnati, call 614-545-3930
Causes and Consequences of Newborn Anoxic Brain Injuries
An article originally published by the American Academy of Physical Medicine and Rehabilitation (AAPMR) notes that anoxic brain injuries are reduced brain function caused by a reduced oxygen supply to the brain. In newborns, this event can result from complications during the birthing process or from congenital conditions that develop while the child is in the womb.
The potential causes of oxygen loss at birth are numerous. Birth is a dangerous time in a child’s life, and doctors and nurses need to remain aware of possible complications or injuries. Possible events that could lead to this type of brain damage include:
- Pinching of the umbilical cord
- The mother’s high blood pressure
- Fluid in the newborn’s lungs
- Strangulation from the umbilical cord
- Cardiac or respiratory arrest
The resulting loss of oxygen can have disastrous consequences. Even a momentary loss of oxygen can result in the death of brain cells. Prolonged unconsciousness could lead to permanent brain damage, coma, or even death.
Medical professionals should perform tests immediately to limit the time spent without oxygen and to mitigate potential damage. A Cincinnati newborn anoxic brain injury lawyer could help you determine your legal options after a birth injury occurs.
Cincinnati Anoxic Brain Injury Lawyer Near Me 614-545-3930
Liability of Doctors and Medical Professionals After a Birth Injury
The moments following a child’s birth are essential for that child’s health. An immediate influx of oxygen is necessary to allow that child’s brain to begin functioning in the world. A failure to receive this oxygen due to a birth complication can lead to permanent damage or even death.
Doctors, nurses, and other medical professionals have a duty to prevent these injuries. If their failure to prevent harm was so egregious as to violate professional standards, they have committed medical malpractice. As a result, they are liable for all a child’s losses.
Get Legal Help from the Fitch Law Firm LLC
A personal injury lawyer from our firm can help you pursue a lawsuit that alleges medical malpractice related to your child’s lack of oxygen at birth. The legal professionals at the Fitch Law Firm LLC can take the lead to evaluate the case, explore the impact of the malpractice, and hire experts who can present a case to a jury.
There is a limited time following the discovery of an injury to bring a case to court. Give us a call today at (513) 407-4521 to get started.