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A birth is a magical thing for many a person, but that birth can come with a number of complications, not the least of which is the fear that your child or children suffer an injury while they are being birthed. Such a thing can range from a minor injury to a more life-long injury, but either way, it is not something that you ever want to have to suffer. When such a thing happens, you may not be thinking about types of compensations you can recover, but it is of the utmost importance that you pursue such claims from anyone who is responsible for the injuries that occurred.
Types of damages that are covered in a birth injury claim
There are a number of reasons why a child may sustain an injury during the birthing process for a variety of different reasons. One common reason that may be experienced is that the fetus is particularly large, and thus is not able to be delivered properly. Instead, the baby may be determined through a process known as a cesarean delivery (more commonly known as a C-section). Such a process is recommended once it is determined that the fetus weighs more than 11 pounds, though other situations may change that (such as if the mother has diabetes).
To an extent, there is always going to be a degree of risk that the infant may sustain an injury during birth, as the process of labor and delivery involves quite a lot of exertion. It was that much worse back in the day, however, when doctors were less aware of how much harm could be done by certain actions taken during delivery. For instance, did you know that doctors used to, instead of doing a C-section (due to the high risk of injury or death during that process at the time), a doctor would use forceps to grab the baby by its head out of the birth canal and pulling them out. This is extremely dangerous, carrying a strong degree of brain injury. Thankfully, doctors have adjusted their tactics, and use forceps only sparingly and when the risk of using the forceps is extremely small. And while things have gotten much better in terms of keeping infants safe during birth, the United States, despite being one of the richest countries in the world, the medical standards are often below average. For instance, did you know that infant mortality is higher in the United States by average, compared to other countries in the Organization for Economic Cooperation and Development (OECD), which also encompasses countries such as Canada, Japan, Finland, and others. It has an average of 5.9 deaths per 1000 live infant births, compared to the average of the OECD members being 3.9 deaths. One of the most commonly cited causes for this, aside from stress, substance abuse, and infections, is that many in the United States lack access to quality prenatal care compared to other member countries.
Another common cause of injury during the birthing process is a lack of adequate oxygen delivered to the unborn infant, which can result in perinatal asphyxia. This may ultimately result in the child developing cerebral palsy, which harms the sufferer's motor skills, muscle tone, and movement, among others, including learning disabilities.
Many times, birth injuries are not the result of anything that the doctors could have solved, but medical malpractice is not terribly uncommon, especially in certain areas. A doctor may behave negligently in the birth process, ultimately leading to some form of injury to the infant, or they could just completely overlook an infection that the mother has, which could see debilitating injuries or even death occur to the child. Another common problem is problematic interactions between medications, or even just medication being given to the mother who is having a bad reaction for whatever reason. It is important that the doctor be diligent in finding any and all problems that could complicate things or cause harm to anyone involved, as if they do an inadequate job, this could prove detrimental to the future of the mother and the child.
As always, the amount of damages that you can seek are going to vary depending on what state you live in, as different states have different laws covering this kind of thing. Common types of damages sought for birth injuries include the medical costs associated with the injury. For example, if a child sustained lifelong harm due to medical malpractice, the hospital involved will be on the hook to ensure that your
future medical care costs aren't hanging over your head for the life of your child. Another type of damage to be sought involve the loss of work from having to take care of your child if it comes to that, to essentially allow your child to be given the care and attention they need without breaking your bank as a result. You can even, in some situations, seek punitive damages to dissuade this from happening again as well as damages for mental anguish for both you and your child.