In the moments after and years to come, new parents should be reveling in the arrival of their new family member. Parents who realize that their son or daughter sustained a birth injury before, during, or after delivery, may be wrought with worry and concern. It’s only understandable, as parents want the best for their children, and if a doctor or nurse made a grave mistake, then the newborn may suffer for it. Parents who suspect that their baby was wrongfully hurt by a medical professional can pursue legal action against the offending individuals or facility for mistakes or oversights which led to their baby’s harm.
The signs of a birth injury may be subtle or more obvious, depending on the type of injury sustained. As a new parent, you may feel like something is not quite right, and it’s important to listen to this voice. Even if you currently don’t know for sure if a wrongful birth injury is at the root of what is going on, you can consult with a legal professional experienced in cases like these for further guidance, like a birth injury lawyer Morgantown, WV families trust from Hayhurst Law PLLC. Identifying a birth injury is no easy task on your own, and your child’s injuries may not become evident until months or years after being born. But there are initial signs to watch out for that may mean a birth injury was caused:
- The newborn had seizures within 48 hours after delivery
- The newborn had swelling, bruises, abrasions (on the shoulders, face, or head)
- The newborn required CPR or a breathing tube shortly after delivery
- The newborn did not breath immediately after delivery
- The newborn is exhibiting loose or limp arms, and a lack of muscle tone
If these symptoms are present during or after your newborn’s delivery, your doctor should have responded quickly to reduce further damage that may occur. If your treating doctor failed to identify and address immediate signs of a birth injury, or was found to have caused them due to neglect, they can be held liable for malpractice. Parents of newborns with birth injuries could be owed financial restitution for their baby’s injuries, their anguish, and other losses. Compensation may not be able to reverse the baby’s injuries and how it will impact the rest of his or her life, however, at the very least parents can get the financial support they need as they navigate this difficult time.
Birth injuries are serious conditions and must be treated quickly. Parents who feel like something is wrong with their newborn’s health must take action promptly and get medical attention from a different doctor. If care is delayed after a baby is exhibiting symptoms of a birth injury, their condition can get much worse. As a lawyer from Hayhurst Law PLLC can attest, if a doctor is found to have contributed to the birth injury, then they may be held liable for the ways that the baby and new parents have suffered.