When a neonatal injury is caused by medical negligence, the consequences can be devastating. You have the right to hold your child’s care team accountable.
If your child has suffered a preventable injury, you need legal assistance. A Fort Lauderdale birth injury lawyer can help you file a claim and pursue compensation.
What to Do If a Neonatal Injury Is Caused by Medical Negligence
A neonatal injury can be overwhelming, but these steps will be important to your claim:
- Seek immediate medical evaluation: Make sure your newborn receives a thorough assessment and appropriate treatment.
- Document everything: Keep detailed records of medical care, conversations with healthcare providers, and any unexpected symptoms or complications.
- Request medical records: Obtain all relevant documents from the hospital or medical facility for review.
- Consult a medical malpractice lawyer: A lawyer can evaluate your case, explain your rights, and guide you through the legal process.
What Is a Neonatal Injury?
A neonatal injury refers to any physical harm that occurs to a newborn during labor, delivery, or immediately after birth. Some common examples include:
- Birth trauma: Injuries such as fractured bones, nerve damage, or facial injuries can occur during the birthing process.
- Oxygen deprivation: Lack of oxygen during delivery can result in brain damage or cerebral palsy.
- Infections: Newborns are particularly vulnerable to infections, which can lead to long-term health issues.
- Internal injuries: Organ damage or internal bleeding can be caused by the misuse of medical instruments or the mishandling of the child during delivery.
Not all neonatal injuries are the result of negligence. Complications can arise even with the best medical care. However, when a mistake occurs that could have been prevented, it may qualify as medical negligence.
Signs That a Neonatal Injury Was Caused by Medical Negligence
Certain indicators can suggest that your child’s injury was caused by negligence, including:
- Delayed or inappropriate treatment: If doctors fail to act promptly when complications arise, the newborn’s condition can worsen unnecessarily.
- Errors during labor and delivery: Mistakes such as improper use of forceps, vacuum extractors, or mismanaged cesarean procedures can cause injury.
- Failure to monitor vital signs: Ignoring signs of distress in the baby, such as low oxygen levels or irregular heartbeats, can lead to preventable damage.
- Medication mistakes: Administering incorrect dosages of medication to the mother or newborn can cause serious harm.
- Lack of informed consent: If parents were not adequately informed about the risks associated with certain procedures, and those procedures result in injury, this may qualify as negligence.
Medical records, witness accounts, and expert opinions are often used to establish whether a neonatal injury was caused by preventable errors. A lawyer can help you gather these.
Common Types of Neonatal Injuries Linked to Medical Mistakes
Some of the most common types of neonatal injuries caused by medical mistakes are:
- Brachial plexus injuries: Excessive pulling during delivery can cause damage to the network of nerves controlling the arm and hand.
- Fractured bones: Broken collarbones or other fractures can result from improper handling during birth.
- Cerebral palsy: This condition is often linked to oxygen deprivation during labor, which can occur if fetal distress is not properly managed.
- Facial or eye injuries: Forceps or other instruments can cause damage when not used correctly.
- Internal bleeding: Mistakes in monitoring or surgical procedures can lead to internal injuries.
Who Can Be Held Responsible?
When a neonatal injury occurs due to negligence, several parties may be held accountable, including:
- Obstetricians or labor and delivery doctors: These medical professionals can be held responsible if they fail to properly monitor the mother and baby or make errors during delivery that result in injury.
- Nurses and midwives: Nurses and midwives can be liable if they do not follow established protocols or fail to provide timely interventions that prevent harm.
- Hospital or medical facility: The hospital or medical facility can be responsible if inadequate staffing, faulty equipment, or poor policies contribute to the injury.
- Medical specialists: Specialists such as anesthesiologists can be held accountable if mistakes in anesthesia administration or other specialized care lead to neonatal harm.
Potential Damages and Compensation
Families affected by neonatal injuries may be entitled to various types of compensation, such as:
- Medical expenses: You can recover the costs of immediate treatment, surgeries, hospital stays, and any ongoing medical care your child requires.
- Rehabilitation and therapy: You can claim compensation for long-term physical, occupational, or speech therapy that your child may need to improve their mobility, communication, or daily functioning.
- Emotional distress: You can be compensated for the psychological trauma and stress caused by witnessing your child’s injury and managing the challenges of recovery.
- Loss of future earnings: You can seek damages if the neonatal injury affects your child’s ability to work or earn a living in adulthood.
- Pain and suffering: You can be compensated for both the physical pain your child experiences and the emotional strain endured by your family due to the injury.
Get Assistance From a Birth Injury Lawyer
Neonatal injuries caused by medical mistakes can have lifelong consequences. If your child suffered harm due to a preventable mistake, a birth injury lawyer from Anidjar & Levine can help build your claim, negotiate with insurance companies, and obtain the compensation your family deserves. You pay nothing unless we recover compensation for you.
Schedule a free case review to find out how you can get justice for your child.
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