Could Your Child's Birth Defects be a Result of Medical Malpractice?

As the parent of a child with a birth defect, undoubtedly you're concerned as to whether some form of medical malpractice might have caused those defects.

Birth injuries and defects can range in scope from cerebral palsy (one of the most well-known types) to Erb's palsy, facial paralysis, temporary swelling or bruising, fractures, or brain damage. Possible causes of these problems are attributable to a number of factors, including:

• Deprivation of Oxygen - For example, the baby remained in the birth canal too long; or the umbilical cord twists, compresses, or wraps itself around the baby's neck.
  
• Medical Malpractice Errors: The doctor didn't require specific tests during the course of pregnancy, and/or improperly interpreted tests; Failure to respond to mother and/or baby's distress signals before and during the birth process; Improper and/or extreme use of force and/or tools such as forceps or vacuum extraction; The improper insertion of an oxygen tube by a medical practitioner; Failure to perform a cesarean section in a timely manner; Not properly diagnosing and treating the baby's seizures following delivery.
  

An exceptionally difficult delivery may be cause for concern, as there are certain risk factors which may contribute to birth defects and birth injuries. Some of these risk factors include:

• The baby's weight is more than 9 pounds
  
• The baby is too big to fit through the birth canal
  
• The baby is born in breech position
  
• The labor is either abnormally short, or takes far too long
  
• Delivery took place via vaginal operation, cesarean section, or forceps or vacuum extraction
  

If you have reason to suspect that medical malpractice caused or contributed to your child's birth defect, seek a legal professional who handles these types of cases in order to obtain advice on how to proceed.

Medical malpractice often wish they could turn back the clock and reverse their clients’ med malinjuries. While that’s not possible, we can help our clients to receive the compensation they deserve for their pain and suffering, wage loss, medical bills, and other damages. 
Sometimes med malcan lead to death, and a medical malpractice attorney will help the family who lost their loved one to receive compensation for that devastating loss.
If you or a loved one has suffered injury at the hands of a medical professional, call us, the Law Offices of d’Oliveira and Associates, P.C., now, for a free, confidential case evaluation (1-800-992-6878).
What is medical malpractice?

Medical malpractice occurs when a medical professional breaches a duty of care to a patient, and that breach causes injury to the patient. 

In other words, med mal means that the professional acted without due care or didn’t follow standard protocols applicable to the medical profession (i.e. the medical professional was negligent).

There are three elements of proof in a successful med malcase

1.  We will help you to show that a medical professional had a duty to exercise due care AND
2.  That medical professional failed to exercise due care AND
3.  You (or your loved one) were hurt.

Shocking med mal statistics

• Med malpractice kills 225,000 people each year (National Institute of Health).
• 12,000 people die each year from unnecessary surgery (New York Times).
• Just 2% of all people injured file legal claims for compensation (Healthgrades study).
• Preventable medical errors in hospitals killed 195,000 people in 2002.
• The side effects of medication kill 106,000 people annually (Journal of the American Medical Association).
• 50% of all med mallegal claims are filed against surgeons (Bureau of Justice Statistics).
• 1,500,000 people suffer injury or death from medication errors each year (Institute of Medicine).
• 3,529 med malpayment reports were made against physicians in Massachusetts 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).
• 849 med malpayment reports were made against physicians in Rhode Island 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).

Who commits medical malpractice?
While surgeons are the most likely to be sued for malpractice, malpractice can be committed by any medical professional including a:  doctor, nurse, pharmacist, athletic trainer, nursing assistant, physician’s assistant, physical therapist, occupational therapist, dentist, orthodontist, or anyone else working in the medical profession.

Where can I get help if I’ve been injured by a medical professional?
The Law Offices of d’Oliveira and Associates, P.C., are prepared to help if you or a loved has been injured by any medical professional. We will work to get you the compensation payments you deserve.
We understand what it takes to navigate the medical, legal, and insurance systems.  We can handle all the tedious paperwork and all of the legal hoops so you don’t have to.

What is Cerebral Palsy? 

• If medical personnel indicate that something during your labor and delivery should have been done differently or that something shouldn’t have happened as it did.
•  
• Your baby is admitted to the neonatal intensive care unit (NICU).
• A medical specialist visits your baby.
• Forceps or vacuum extraction were used.
• Your baby was either blue at birth or did not cry at birth.
• Your baby scored low on the Apgar test. Apgar scores range from 1 to 10, with 10 being the highest possible score.
• A cesarean is performed after hours and hours of attempted natural delivery.
• The umbilical cord was wrapped around your baby’s neck during delivery.
• Your baby’s heart rate dropped during delivery.
• The baby has to stay in the hospital more than one night.
•  
• What you must prove
•  
• Your baby suffered brain injury. 
• Your baby’s doctor or your doctor (or any other medical professional) did not follow proper medical protocol during prenatal care or labor and delivery. 
• The failure to follow proper medical protocol caused your baby’s brain injury.

Where to get help

The statute of limitations – don’t miss the deadline