Can You File a Birth Injury Lawsuit for Negligence that Happened Before Delivery?
The phrase “birth injury” is typically associated with complications that occur during the delivery process. And while those injuries account for many birth injuries, they don’t account for all of them. Many injuries occur before and after delivery.
But in many cases, parents don’t realize when their babies were harmed, especially if they aren’t diagnosed until after delivery. They may think that they were harmed during the actual delivery, or that their injuries couldn’t have been known or diagnosed until after delivery.
Parents of Children Injured Before Birth Can Sue for Damages
Outside of minor symptoms experienced by expectant mothers, most pregnancies are relatively complication- and trouble-free. But some women run into more issues with their pregnancies that can put their babies at risk. It’s up to doctors and midwives to regularly monitor women and their babies for signs of trouble and to take the necessary steps to avoid complications.
Unfortunately, that doesn’t always happen. Monitoring should begin early and continue through admittance to the hospital and the actual delivery process. When delivery specialists fail to perform the necessary examinations and order the required tests, serious complications can go undiagnosed and untreated.
Whether a birth injury could have been prevented during an early examination or mere minutes before delivery, affected families can sue for injuries that occurred before the actual birth of their children.
What Types of Injuries Can Occur Before Birth?
Babies can sometimes be seriously injured in their mothers’ wombs weeks or even months before their due dates. Common injuries include:
- Umbilical cord injuries—Babies can be seriously harmed if their umbilical cords become tightly wrapped around their necks. This can cut off blood supply to their brains, which can result in brain damage that can affect their motor skills and cognitive function.
- Infection-related injuries—When pregnant women develop serious infections, they can pass them to their children. Their healthcare providers should be ready to take immediate steps to prevent infection from spreading and to treat it if it occurs.
- Fever-related injuries—A low-grade fever usually isn’t anything to worry about in pregnant women, but high fevers can be damaging to their unborn children. When pregnant mothers report high fevers, their providers should take immediate steps to reduce them.
- Size-related injuries—Babies can range widely in weight and length and still be safely delivered. But when babies become excessively large before delivery, they can suffer injuries and put their mothers at risk. These babies often need to be delivered early via induction or C-section.
- Uterine rupture-related injuries—Uterine rupture is rare and not always possible to prevent, but some women have higher risk factors than others. Women who have had previous C-sections may be more likely to experience it, and their doctors and midwives should be prepared in case it occurs.
We Know How to Investigate Birth Injuries and Win Families Maximum Compensation
When something is wrong with you or your baby before, during, or after delivery, you’re devastated. You may wonder how something could go wrong when you had a team of healthcare professionals who were supposed to be looking out for you and your baby’s health. In some cases, errors like these occur because of negligence.
At Parrish DeVaughn Injury Lawyers, our Oklahoma City medical malpractice lawyers have the experience and resources to investigate your birth injury claim and find out exactly when and where it happened. Then, we’ll determine whose fault it is and hold them liable for your family’s damages.
You don’t have to face this difficult, emotional, and sensitive time alone. Get a law firm on your side that understands what you’re going through and has the track record of success to help you move forward with your life. Contact us today for a free consultation.
