According to Macrotrends.net, the U.S. infant mortality rate was 5.48 deaths per 1,000 live births in 2023. While this is a 1.21% decrease from 2022, it's still thousands of deaths too many.
Congenital disorders are among the leading causes of infant deaths. However, birth injuries can also be to blame.
Birth injuries don't always cause death but can lead to lifelong health complications. For this reason, parents who suspect their little ones sustained a birth injury due to medical malpractice should consider filing a birth injury lawsuit.
In this guide, the legal team at Cummings Law, serving Middle Tennessee, has shared insights into the birth injury lawsuit process. Read on to discover the most crucial facts about the types of birth injuries and how an infant injury attorney can help with these medical malpractice cases.
Medical malpractice occurs when a healthcare professional causes preventable patient harm through error or negligence. Their failure to meet a high standard of care before, during, or shortly after an infant's birth can lead to complications and result in trauma to the child and mother.
Medical errors are incorrect actions taken by healthcare professionals that can lead to severe birth injuries.
An example is the improper use of forceps or vacuum extractors during labor. A healthcare professional may commit a medical mistake by using too much force when operating these medical devices and injuring the baby.
Another example is a medication error. A healthcare professional may make the mistake of prescribing an incorrect medication to a pregnant woman, affecting the unborn baby's health and causing a birth injury.
Medical negligence is when a healthcare professional fails to do something they should have done. Their failure can cause significant harm, even deadly injuries, to unborn babies, newborns, and mothers.
An example of medical negligence is a healthcare professional's failure to adequately monitor an expectant mother's and their unborn baby's vital signs. By neglecting this responsibility, they can miss signs of distress or emergencies. As a result, they may be unable to provide the necessary treatment and intervention to prevent birth injuries.
Another form of negligence is a doctor's failure to diagnose medical conditions. In the case of birth injuries, expectant moms can develop a health problem that can affect their pregnancy, health, and their unborn baby.
For instance, an expectant mother can develop gestational diabetes. According to the U.S. CDC, this type of diabetes affects 5% to 9% of pregnancies in the country. If the doctor misses the symptoms and fails to diagnose the patient, it can lead to a lack of appropriate treatment.
Gestational diabetes can affect a pregnant woman's health and raise their risk of developing type 2 diabetes. It can also cause birth injuries by making the labor process more difficult and increasing the risk of trauma to the infant.
Many birth injuries result from the natural forces of giving birth. Some, like subconjunctival hemorrhages (burst eye blood vessels), are also temporary.
Unfortunately, other birth injuries, including the ones discussed below, can result in longer-lasting, even life-long complications. If they've resulted from medical malpractice, they're valid grounds for a birth injury lawsuit.
Cerebral palsy (CP) is an umbrella term for movement and posture conditions. Some of the most common symptoms of CP, which often appear during infancy or preschool years, include the following:
CP results from damage to a baby's developing brain, usually before birth. It can happen if a doctor fails to monitor an infant's vital signs and address fetal distress.
Medical malpractice can result in other types of brain injuries, such as:
Brain damage caused by medical errors or negligence can cause a baby to develop lifelong physical and mental disabilities.
Erb's palsy is the most prevalent type of brachial plexus palsy, an injury to the brachial plexus. The brachial plexus is a network of five nerves connecting the arms and hands to the spine.
When one or more of those nerves get injured (e.g., during labor), it can lead to Erb's Palsy and cause the following symptoms:
According to Mayo Clinic, every year, about 12,000 new cases of Erb's palsy affect infants in the United States. It also notes how this injury can result from damages or tears that can occur when a healthcare provider has to move the infant's head to one side to give the shoulders more space to come out.
When you hire Cummings Law to help with your birth injury lawsuit, we will:
With us on your team, you can focus on your and your baby's treatments and recuperation. We'll do all the lengthy, time-consuming, and complex steps on your behalf.
If you and your precious baby have been a victim of medical malpractice, you have every right to seek damages by filing a birth injury lawsuit. However, it can be an emotionally and physically draining task.
Therefore, we encourage you to consult with Cummings Law regarding your case. Our lead attorney, Brian Cummings, has 25+ years of experience fighting for injured mothers and babies throughout Middle Tennessee, including Nashville, and successfully litigating medical malpractice, personal injury, and car accident cases.
Contact us today so we can get started on your free case consultation.
Cummings Law Car Accident & Personal Injury Lawyers Address: 4235 Hillsboro Pike #300, Nashville, TN 37215
