When a birth injury occurs during labor, it can be devastating for both the parents and the child. The damage to the child could be long-term or permanent, and the care could be costly. Parents in Ohio may wonder whether what happened to their child constitutes medical malpractice.
There are certain dynamics that may increase the likelihood of medical malpractice and birth injury. For example, a doctor may not listen to the patient. A mother in labor might be in distress and try to tell the doctor this, but the doctor may dismiss her concerns. Another situation that could lead to problems during labor is if a doctor does not take a thorough medical history, including noting any medications that the mother is using. Poor communication can cause problems that lead to birth injury. When a doctor explains things inadequately, the patient might not know what to alert the doctor about.
Lack of oxygen
One common form of injury during birth is a lack of oxygen for the baby. This can lead to damage to the brain or even death. If a physician does not adequately monitor the child during the birth process or does not follow guidelines, a lack of oxygen could be the result.
For the legal system to determine that medical malpractice occurred, a few elements must be in place. The patient must not have received a reasonable standard of care. The court will look at how most medical professionals would have handled the situation to determine if negligence occurred. The error must also have caused harm to the patient.
Parents who believe that a birth injury might have occurred because of medical malpractice might want to consult an attorney about the specifics of the situation. An attorney may be able to advise whether the parents are entitled to compensation and how parents should proceed. Compensation can be important in paying for the costs of treatment related to the birth injury.