Negligent Care and Birth Defects
Birth defects can be caused by negligence in medical care. Not all birth defects are caused by negligence. However, it is clear that early thorough medical investigations can identify potential birth defects and allow for greater planning. When a medical professional fails to act according to accepted medical standards, and injury results, you may be able to make a claim against the negligent medical provider. Medical negligence that results in birth defects can occur in a variety of ways.
Any medical professional may be negligent during the course of a pregnancy - lab technicians, nurses, radiologists, doctors, specialists, even manufacturers of medical equipment can be negligent. Some typical examples of negligent malpractice that occur during pregnancy include:
- Failure to properly examine during the pre-natal period
- Failure to investigate during the pre-natal period
- Failure to perform an ultrasound properly
- Failure to read an ultrasound properly
- Failure to conduct proper medical investigations following birth
- Performing a diagnostic test incorrectly
- Prescribing dangerous medication during a pregnancy
- Ignoring test results
- Not advising the patient of potential risks
Negligent care can also take place during labor and delivery. Some typical examples of negligent malpractice that occur during labor include:
- Failure to read tests that indicate fetal danger
- Failure to perform a C-section promptly
- Failure to make proper evaluations
- Use of instruments that harm the baby
- Surgical errors
- Anesthesia errors
- Medication errors
$30M Verdict Against Hospital and Doctor in Birth-Injury Trial
In July 2022, Jurors awarded a $30 million verdict against a hospital and an obstetrician for birth-related injuries to the mother and her child.
The award included $29 Million to the plaintiff for the catastrophic brain damage suffered during birth and $1 Million to the mother for injuries that forced an emergency hysterectomy. The State Court jury apportioned 20% of the responsibility to the doctor and 80% to the hospital HMA for the acts of one of the nurses.
Plaintiff claimed the healthcare professionals failed to properly treat birth-related complications that caused oxygen deprivation during labor and delivery.
How we can help
If you suspect your child's birth defect was caused by negligence during your pregnancy or delivery, you may be entitled to compensation for resulting medical costs, pain and suffering. The law limits the time in which you have to file a claim so you should contact a lawyer as soon as possible. We encourage you to contact our Los Angeles based attorneys for a free, confidential, no-obligation review of your potential personal injury claim and see how we can help!