When an infant suffers injuries during its birth, there is a possibility for the parents to file a
case against the doctor or the medical professional and hospital that delivered the baby. They
are eligible for compensation based on the severity of the injury. Based on the injury the child
may require care for a short period or sometimes for its lifetime.
A claim can be made only if there is a deficiency of service by the doctor or other
professionals or the facility, during the delivery. This is termed as medical negligence. But, to
prove this, one needs a knowledge of medical practices and be able to understand the various
medical reports. A birth injury attorney can help in finding whether there was medical
negligence and to establish the same, to get the adequate compensation.
What Come Under Medical Negligence?
There are certain procedures or the lack of the same that come under medical negligence. We
will see what these are.
Forceps used incorrectly – When a mother faces difficulty in pushing the baby out or if the
baby is positioned incorrectly, the doctor may have to use forceps to bring the baby out
without danger. Use of forceps will reduce the risk of the baby being deprived of oxygen thus
preventing dangerous consequences. However, the use of forceps, if not done carefully, could
itself damage the nerves of the child at its neck or chest. Sometimes there is a less severe
injury to the head.
Improper Vacuum Use – Vacuum is attached to the baby’s head or shoulders to enable it to
come out of the womb when the mother is not able to expel it. However, an incorrect use of
vacuum could cause severe injury to both child and mother.
Caesarian Section Delayed – An emergency C-section is ordered when the baby is in danger
if not brought out of the womb immediately. There are many reasons for ordering a C-
section. If the doctors fail to recognize the indications and don’t order it in time, both mother
and baby could face severe injuries.
Hypoxia – It is a condition where the child doesn’t get enough oxygen. Doctors should
diagnose this condition earlier on and take necessary steps.
The above are a few conditions that could be termed as medical negligence. Only a birth
injury attorney can understand this from the medical reports and get you the required