New parents quickly learn how fragile and delicate their children are. If anyone should understand the care it takes to safely handle a newborn, it’s the OBGYNs and other doctors and medical personnel that deliver babies on a regular basis. If your doctor or another member of their medical staff failed to keep your child safe, and your baby suffered unnecessary bruises or hematomas during childbirth, talk to a lawyer today.
Prosper Shaked is a Miami attorney for infant bruising during childbirth. Prosper Shaked Accident Injury Attorneys PA represent victims of these kinds of injuries and their parents in lawsuits against the negligent healthcare providers who allowed the children to be injured. For a free legal consultation and more information about your options, contact our attorney today at (305) 694-2676.
Causes of Bruising and Other Injuries During Childbirth
When handling a baby, it is vital to always use extreme caution. Newborns are especially delicate and flexible, and they have little to no developed or rigid bones to protect them from injury. Because of this, any trauma or unnecessary pressure could cause injuries like bruises. However, harsher pressure or more serious trauma could cause substantial injuries beyond surface bruising.
Doctors, midwives, nurses, and other medical professionals are expected to use the proper care and skill to keep your baby safe, but injuries like bruising may occur if they fail to do so. These accidents and injuries can be grouped into a few major causes of bruising during childbirth, some of which are acceptable side effects of the childbirth, and others of which are instances of negligence.
First, babies can suffer severe bruising and other injuries if they are dropped after birth. This can happen when the baby is slippery immediately after birth, but proper handling techniques and a delicate touch should prevent dropping a newborn. Dropping a baby and allowing it to suffer serious bruising is often extremely negligent and has no excuse.
Bruising can be normal during childbirth, especially during a difficult delivery. Pushing and straining to get a baby out could result in injuries to the baby. Many of these injuries are minor enough that they will not cause problems, or they can be avoided with proper birth coaching and medical attention.
Unfortunately, many instances of bruising and trauma are exacerbated by negligent care. Bruising and damage to the child’s head and face are common when forceps are used for difficult deliveries. While forceps are medically appropriate in some cases, unnecessary use of forceps can cause bruising, bone damage, muscle damage, nerve damage, and other harm to the baby.
Other instances of mishandling or pressing too hard on the baby’s body result in bruises as well, as could other bumps against the table or bassinet. Whether these injuries are the result of negligence or a pure accident depends on the specific facts of the case.
Suing for Bruising and Birth Injuries for a Newborn
Your child is entitled to reasonable medical care, and bruising and other injuries sustained through negligence or carelessness are unacceptable. In many instances, you may be entitled to sue the doctor that harmed your child to help seek compensation for the medical expenses and other effects related to the injury. Talk to a lawyer for help understanding what your case is worth and how to sue for these birth injuries.
Birth injuries are often handled as a “medical malpractice” or “medical negligence” lawsuits. In these cases, you file a claim with the court stating that your doctor’s care fell below the reasonable level of care and skill that a doctor in that situation should have used, and claiming the total value of any harms that negligence caused. In many of these cases, it is vital to use a medical expert, such as another physician, to help explain to the jury what exactly the at-fault doctor did wrong.
When you sue, you are entitled to claim any damages stemming from the doctor’s mistakes and negligence. In the case of an injured baby, this could include the additional medical care costs to treat the injuries, but the damages can include far more than this. Some birth injuries result in ongoing problems for the baby. As they grow into an infant and a toddler, it may become apparent that the injury caused developmental issues or complications that led to disorders like cerebral palsy.
If your child suffered ongoing or permanent effects from the injury, they could be entitled to far greater damages. Your child may need ongoing periodic medical care in the future, potentially including physical therapy and occupational therapy as they grow and develop. It may be hard to think about this now, but your child could also face limitations in the future that prevent them from working to support themselves. Lost future wages and earning capacity can also be a part of this lawsuit. In addition, you can sue for the pain and suffering your child will face. Especially if the injuries cause visible effects like facial paralysis or reduced motor control, the suffering could be higher.
Call Our Miami Birth Injury and Bruising Lawyer for a Free Consultation
If your child suffered unnecessary bruising, hematomas, or other injuries during childbirth, contact our law offices today. Miami birth injury bruising attorney Prosper Shaked may be able to take your case and fight to get you the compensation you and your child need for the injuries they suffered. For your free legal consultation, call the Law Offices of Prosper Shaked today at (305) 694-2676.