When pregnant and preparing to bring a child into the world, the medical care a woman receives during her pregnancy and during labor and delivery matters. Not all women want the full hospital birthing experience. Some prefer home births or a least prefer to have a midwife rather than a doctor at the delivery. In Louisiana, can midwives be held responsible if their actions contribute to birth injury or infant death?
You trusted your medical provider to take care of you and your child during labor and delivery. Unfortunately, a questionable call resulted in your child suffering a birth injury that may affect him or her for the rest of their life. When the wrong call results in a birth injury, can parents in Louisiana seek compensation for their losses? Possibly.
A family in another state recently won a substantial settlement in an injury/medical malpractice lawsuit. This case was all about a birth injury and holding the hospital and its staff responsible for the damage caused to a now 9-year-old boy. Parents in Louisiana with children who have suffered injuries during labor and delivery may, like this family, pursue compensation for their losses as well.
If you are one of the numerous parents in Louisiana whose child was injured during the delivery process, you know all too well the impact that event has had on your life. You know full well that the birth injury did not just affect your child's life -- it affected your whole family. You may be entitled to seek compensation for your family's losses as well as for the damages experienced by your child.
Louisiana residents whose children have suffered injuries during childbirth may wonder if they can take legal action against the medical providers who were present during labor and delivery and/or the medical facility. The only real answer to that question is maybe. It may be possible to file a birth injury claim, but it is hard to know without first investigating all the facts of one's case.
Numerous women in Louisiana choose to go to medical facilities when they are in labor. They do this for a number of reasons, but the biggest reason is so that they have trained medical professionals on hand if anything goes wrong. Unfortunately, too many women end up experiencing fatal or critical birth injuries due to a hospital staff not taking appropriate actions before and after complications arise. What should hospitals be doing to prevent mothers from experiencing birth injury?
A number of things can happen during the labor and delivery process that can cause a child to suffer injuries. Damage to nerves in the neck and shoulder region known as the brachial plexus is actually fairly common. Sometimes, such an injury will heal in a short amount of time, but sometimes that damage may be permanent. Infants in Louisiana and elsewhere who suffer injury to the superior trunk of the brachial plexus are said to have the birth injury Erb's Palsy, which leaves many children with permanent impairments.
While no woman expects labor and delivery to be easy, no one expects it to be a traumatizing experience either. Unfortunately, for numerous women in Louisiana and elsewhere, that is exactly what it is. When people talk about birth injury, they think about injuries suffered by the infant. The truth is, mothers may also suffer birth injuries that are physical and/or psychological in nature.
You went into labor. You packed your bags and headed to the hospital or birthing facility of your choice. You were nervous but excited to finally bring your little one into the world and into your home. Unfortunately, something went horribly wrong, and instead of celebrating the new life, when all was said and done, you went home to make funeral arrangements. When a birth injury contributes to infant death, parents in Louisiana may have legal recourse.
The labor and delivery process is tough on mom and baby. Unfortunately, too many babies born in Louisiana and elsewhere do not make it through the process unscathed. When a birth injury occurs, it is normal for parents to question whether it could have been prevented and if their health care providers were responsible. This week, this column will address one specific type of birth injury that can have long-term consequences for a child: skull fractures.