Birth Injury Lawyer in Omaha, NE
The inexpressible sadness and burden that befalls families with infants
tragically deformed by birth trauma, or lost due to such trauma during
birthing, are complex legal malpractice cases. We have handled successfully
hypoxia, anoxia, delayed cesarean section, improper medication including,
but not limited to Pitocin, midwife errors, failure to diagnose transverse
lie, improper attempts at vaginal delivery of premature infants, and maternal
Birth trauma cases are complicated, costly, and life shattering. We approach
these cases with candor, respect, open-mindedness, and a commitment to
learn what went wrong and advocate forcefully for you and your family!
Common Examples of Birth Injury Malpractice
Medical malpractice specifically relating to birth injuries is caused when
a doctor or healthcare provider fails to exercise a reasonable level of
care. These physicians have a duty to care for their patients, and when
they act in a careless or negligent manner, both the mother and her child
can sustain serious injuries during the process of delivery. Some common
examples of birth injury medical malpractice include:
Brachial Plexus Injury
This results from excessive stretching of nerves in the baby's neck
during delivery. It is caused when the one delivering the baby uses excessive
force or tools to pull the baby out. Injury sometimes can be treated easily,
but surgery may be required.
Erroneous Premature Birth
The last few weeks of pregnancy are critical to the baby's health.
During this time, many important organs, including the brain and lungs,
complete development. Delivering a baby prematurely can cause newborns
to suffer serious health problems, such as brain damage or death.
Failure to Note Mother's Preeclampsia
Preeclampsia is common in pregnant women. It can be managed by a health
care provider. Failure to note preeclampsia can lead to bleeding problems,
premature separate of the placenta from the uterus, rupture of the liver,
stroke, or death.
Birth Injuries that May Lead to Cerebral Palsy
Cerebral palsy is a condition that commonly originates at birth. In some
cases, this condition is the direct result of a healthcare provider's
negligence. Some common types of malpractice that lead to cerebral palsy include:
- Umbilical cord that prolapsed but was not noticed by the obstetrician
- Lack of proper fetal heart rate monitoring
- Making a mistake while using a delivery instrument such as forceps
- Delay in performing a necessary cesarean section
- Infections in the mother that were not detected and treated during her pregnancy
The most common cause of preventable maternal deaths during delivery is
maternal hemorrhaging. Although obstetricians and other healthcare providers
are equipped with the necessary tools and diagnostic processes to detect
and stop fatal hemorrhaging, the event still occurs.
Birth injury medical malpractice cases have many of the same elements as
other personal injury cases:
Breach of Duty - Medical providers have a standard of care that they have a duty to follow.
While the exact nature of that standard will vary by jurisdiction, generally
a physician will be held to the standard of exercising care that is similar
to other competent healthcare practitioners in the same industry given
Causation - If the healthcare provider's breach of their duty of care causes the
injury, they will be responsible for that injury.
Damages – Once a healthcare provider breaches their duty of care, they are responsible
for the damages their breach of duty caused.
In medical malpractice cases, expert witnesses are used to prove the required
standard of care, as well as the negligent health care provider's
failure to meet that standard.
Birth Injury Trauma Cases
These are examples where our
Nebraska personal injury attorneys were selected to provide help:
- Father, a pharmacist and mother, a commercial pilot, sued for the cerebral
palsy resulting from birth injury to their daughter. The baby was in an
undiagnosed transverse lie position, did not engage in the birth canal,
suffered cardiac depression and was injured through hypoxia or lack of
oxygen to the brain.
- Accountant father and clerical PA mother sought help for shoulder dystocia
injury where measurements of mother's diminutive size were not taken
to match the dimensions of the known large fetus.
- Mother, who presented changing mole during pregnancy, and had it removed
during postpartum hospitalization, hired us before her death to malignant
melanoma, an injury unrelated to birth but discovered as a result of pregnancy
and after birthing. Mother knew she was going to die and needed to provide
for her child.