Was Your Newborn Injured During Birth?

babies feet on top of a fluffy blanket

Medical malpractice is a common type of personal injury law in New Orleans, which is unfortunate. This topic is not an easy one to discuss, and it is even harder to experience. If you or a loved one has a newborn who sustained injuries during birth, you deserve legal compensation for additional medical charges, the emotional damages, and the physical damages. It is necessary to pursue these claims to ensure the medical practice or practitioner is held accountable, hopefully preventing further situations from happening again in the future. Your action today can prevent another family from the same experience.

It is worth noting, however, that there can be unavoidable injuries to the unborn baby, the baby during delivery, and to the mother. These will not be viable injuries to file a medical malpractice personal injury claim. Consult with our personal injury lawyers in New Orleans to share your story and learn if it was an unavoidable circumstance or a negligent act. We offer free initial consultations.

Unfortunately, baby delivery negligence is one of the leading causes of medical malpractice today. Medical malpractice is when a doctor or other medical staff personnel does something incorrectly or doesn’t do something at all that creates the malpractice situation.

Some common birth injuries that may be the cause of newborn medical malpractice:

  • Caput Succedaneum
  • Cephalohematoma
  • Erb’s Palsy
  • Hypoxic-Ischemic Encephalopathy
  • Birth Fractures
  • Subconjunctival Hemorrhage
  • Wrongful Death

When it comes down to it, the injuries sustained during birth are not proof enough that medical malpractice exists. There can be very traumatic deliveries in which some of these injuries are warranted in order to save the lives of the baby and mother. On the other hand, there are many instances in which labor is going according to plan and there are still birth injuries. For the most part, in these latter circumstances, it is an act of medical malpractice and legal claims should be pursued. In extension, if a dangerous situation is on the cusp and the doctor fails to react in an appropriate way, it may be warranted as medical malpractice.

To first determine whether medical malpractice is present, one must compare the situation experienced to that of another doctor. How would a similarly trained person have handled the situation? Did the doctor or other staffer drop the ball that they shouldn’t have? Was it expected, and could it have been handled differently? These are some questions a personal injury lawyer will investigate throughout the claims process.

If the defendant did, in fact, make a mistake, what exactly was done? This is the next step of a medical malpractice case. Now, it is clear medical malpractice is present, but what exactly is going to be charged, and how will the case move forward? A complete investigation is the duty of a trained personal injury lawyer, and you can expect nothing less from our lawyers at the Andry Law, LLC.

To schedule a free initial consultation with Andry Law, LLC’s personal injury law team in New Orleans, contact us online or give us a call at (504) 384-8997.