Birth Injuries Due to Medical Malpractice or Medical Negligence: When to Contact an Attorney

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The birth of a child is one of the greatest and most joyous moments in the life of the new parents, and if the child is born healthy and without unexpected complications this is often the case. On the other hand, if the baby suffers from health issues, this wonderful day can quickly become tragic and heart wrenching. If the child's suffering is due to negligence or medical malpractice on the part of the hospitals' medical staff the pain and anguish only grows deeper. It is a phenomenally crushing burden for a devastated parent to bear when they begin to understand that if the medical staff had only performed their professional responsibilities properly their child would have been spared the consequences of a heartbreaking birth injury.

It is the duty of all medical professionals to provide their patients with the highest degree of care possible to the best of their ability, training, and required professional standards. If a medical professional, such as a doctor or nurse, neglects to monitor their patient properly or the treatment prescribed and provided harms the patient they are responsible for that mistreatment and should be held accountable. In comparison to almost any other occupation, the consequences of negligence are the highest in the field of medical treatment simply due to the fact that even the most basic act of negligence can result in a tragic and avoidable death.

From the day a woman is informed by her health provider that she is pregnant a precise and complete record of her care is vital. The health and wellbeing of the mother and fetus should be strictly documented along with every test and procedure conducted during the pregnancy. Improper monitoring or negligence during pregnancy may miss an easily diagnosed problem such as untreated severe jaundice or an infection; complications that may have been easily remedied if detected and treated in a timely manner. If these problems are not treated properly they can lead to severe complications such as brain damage, traumatic brain injury, seizures, mental retardation, cerebral palsy, or even death.

Improper usage of forceps or a vacuum extractor (a device sometimes used to assist a doctor during a difficult delivery) can also be the cause of brain injury and/or cerebral palsy. Cerebral palsy is caused by brain injury or abnormal brain development before, during or immediately following birth. It affects body movement, balance, posture, reflexes, muscle tone, muscle control and coordination. Medical negligence and malpractice are known causes of this lifelong affliction.

Brain damage, traumatic brain injury, mental retardation and cerebral palsy can never be cured. Children born with these birth defects will not be afforded many of the opportunities that healthy children receive, but they can receive justice. If a parent believes that their child has been injured by the negligence or medical malpractice of a doctor, nurse or other medical professional it is important that they contact an attorney who will fight for them and their child! It is extremely important that the attorney they choose has the experience and expertise in the area of medical malpractice and negligence and a proven track record of professional excellence and success in achieving the best possible settlement.

If a child is born with a birth defect it is imperative that a competent attorney skilled in medical malpractice is contacted as soon as negligence or medical malpractice is suspected. If the parent suspects wrong doing on the part of a medical professional but has been unsuccessful in obtaining requested information from the hospital it is important to contact an attorney. A careful review a child's medical record can be all that is needed to prove medical malpractice and help obtain the rightful settlement to guarantee the child and parents the assistance and lifelong support which may be required.
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