The birth of your child should be one of the happiest days of your life. Whether this child is your first or your fifth, the day should be a cause for celebration. It can be shocking and disheartening to find out that the birth did not go as expected or that there were complications. In some cases, these complications can involve nerve injuries that leave your child with temporary or permanent facial paralysis.
If your child was born with facial paralysis issues, this is likely caused by medical negligence and unnecessary trauma. In these cases, you may be entitled to damages from the negligent physician that caused the injuries, potentially resulting in substantial financial compensation for you and your child. For a free legal consultation on your case, call Miami childbirth facial paralysis lawyer Prosper Shaked. Contact Prosper Shaked Accident Injury Attorneys PA today to set up your free legal consultation and learn more about your potential case. Our number is (305) 694-2676.
Causes of Childbirth Facial Paralysis
Childbirth is a medical procedure, and, as such, has potential risks involved. Many of these risks are a part of the process and cannot be avoided. Other risks should be mitigated by proper healthcare and a responsive medical team. Other risks can only be caused by your caregiver’s negligence. Facial paralysis is a mix of all of these: while it can occur naturally, there are many situations where the risk should be eliminated by proper healthcare and other situations where the injury would only occur if the medical professionals committed errors.
One of the most common natural risks is difficult childbirth. Typically, increased pushing and stress can cause trauma to the mother and the baby, and that additional trauma could cause facial paralysis. This is more common if the baby is very large, which is common in cases where the mother has diabetes or other disorders.
Doctors, nurses, midwives, and other healthcare professionals should be able to help avoid injuries in many cases. Treating the baby delicately and avoiding dangerous techniques can help avoid a more difficult labor. In some cases, avoiding epidurals and other drugs can prevent additional trauma. Inducing birth to avoid prolonged labor may also be necessary to avoid injury – but inducing labor can also cause complications. Lastly, caesarian sections to avoid trauma to the baby might also avoid injuries and could be necessary in some difficult births or in instances of other complications.
Healthcare professionals could also commit negligence during childbirth that can actively cause the injuries that lead to facial paralysis. This is common in cases where doctors misuse forceps and other tools to pull the baby out. This could also occur if a doctor induces labor with drugs, and these medical care choices should be carefully deliberated and only used when they are within the expected standards of care.
The actual injury itself is typically caused by trauma to the nerves in the baby’s head and face. Newborns are incredibly fragile and prone to injury, and unnecessary mishandling can cause injury to the facial nerve leading to facial paralysis.
Suing a Doctor for Infant Facial Paralysis Injuries During Birth
If your baby is born and suffers from facial paralysis, you may be entitled to sue your healthcare provider for medical malpractice. In any medical malpractice case, you must prove that the doctor’s care fell below the standards of care that were appropriate in your case and that the negligent care caused the injuries.
In a facial paralysis case, it is difficult for a judge or jury to understand whether the doctor used the right techniques or not. In most medical negligence lawsuits, the victim’s attorney will present an “expert witness” to give an opinion on whether the doctor’s care was negligent or not. The expert witness is typically another doctor that performs similar procedures, and that doctor should testify to what the typical standard of care would be in your case. If the medical expert says that your doctor’s care fell below this standard, the jury is allowed to use that information as fact in making their decision about whether your doctor was negligent. Typically, the defense will also present an expert witness to claim that the injury was an expected complication, and it is up to the jury to decide which expert is correct.
If the jury sides with you on your case, you may be entitled to damages for the birth defects. These damages can include compensation for the pain and suffering your child will face as well as the hardships the injury will cause. Your child may need ongoing occupational therapy to help them drink and eat properly, and the effects of this type of injury can be a life-long issue for the child. These damages are often substantial and can result in a high award for you and your child.
When you bring the doctor or other medical professional to court, their medical malpractice insurance company will typically pay for their attorney and cover their damages. These companies may be willing to settle your injury case, which means avoiding trial in exchange for negotiated payments. It is important to talk to an attorney about what your case is worth before accepting any payments, since the insurance company may try to reduce their damages.
Call Our Medical Malpractice Lawyers for Childbirth Facial Paralysis Injuries
If you or a loved one gave birth to a child with facial paralysis injuries, call our Miami facial paralysis injuries during childbirth attorney. Miami birth defect lawyer Prosper Shaked of Prosper Shaked Accident Injury Attorneys PA may be able to take your case and fight to get compensation for birth defects and other injuries received because of a doctor’s negligent care. For your free legal consultation, call our law offices today at (817) 719-8082.