Dispelling Common Myths About Birth Injuries
During pregnancy, women put their trust in the medical system. Pregnant women trust medical professionals to protect their newborns from complications before, during, and after birth. Unfortunately, countless things can happen during pregnancy, labor, delivery, or after birth that can result in a birth injury. A birth injury can occur because of something that is out of a medical professional’s control. However, some birth injuries occur because of negligence. When a birth injury occurs because of a medical professional’s negligence, it is considered medical malpractice. When a medical professional fails to follow a reasonable standard of care, and their negligence causes a birth injury, they can be held liable and made to pay damages.
In the many years the medical malpractice attorneys at The Law Offices of Marc L. Shapiro have been representing clients in this complex area of law, we have found that there are many harmful myths about birth injuries. Unfortunately, if your child suffered a birth injury and you believe some of the myths about birth injuries, you could be misled into compromising your options for financial recovery. To prevent you from compromising your options for financial recovery, we have dispelled some common myths about birth injuries.
Myth #1: Birth Injuries Are Caused by Genetics
This myth exists because many believe the terms birth defect and birth injury mean the same thing. Genetics can cause birth defects, but they do not cause birth injuries. An injury occurs because of something that happens during pregnancy, labor, delivery, or after birth. Someone might do something or fail to do something that results in a birth injury. For instance, if forceps are used improperly, it could result in a birth injury. Other mistakes that can result in birth injuries include the following;
- Delayed cesarean section
- Failure to monitor
- Prescription mistakes
- Leaving an infant in the birth canal for too long
- Failure to notice fetal distress
- Slow response to an emergency
- Failure to control blood loss
- Failure to monitor the infant’s vital signs and oxygen levels
Myth #2: You Cannot File a Medical Malpractice Claim if the Birth Injury Happened a Long Time Ago
Do not let this myth prevent you from consulting with a medical malpractice attorney if you believe a medical professional’s negligence caused your child’s birth injury. The law provides a few years within which a person can file a birth injury claim. According to Florida Statute 95.11, you have two years from the date of the doctor’s mistake to file a birth injury claim. If a birth injury is not apparent immediately after a baby is born, you have two years from when you discover or should have reasonably discovered the injury to file your claim.
Myth #3: If the Doctor Said They Could Not Prevent the Injury From Taking Place, You Don’t Have a Case
While it is true that not all birth injuries are caused by negligence, it is crucial that you are not quick to believe the doctor when they say they could not have prevented the injury from occurring. Even if the doctor has many years of experience, you should not be quick to believe them. The truth is that the doctors who cause or play a role in causing birth injuries are not always willing to admit their negligence and accept responsibility. It is advisable to contact an experienced birth injury lawyer who can help you determine the cause of your child’s injuries. Do not conclude on your own that the doctor could not have done anything to prevent your child’s injuries, regardless of the number of years the doctor has been practicing. Any doctor, including those with years of experience, can make a medical mistake.
Myth #4: Proving Medical Negligence Is Impossible
Indeed, it can be challenging to prove a birth injury case. However, an experienced birth injury attorney is more than capable of helping you prove your case. With the help of medical records and medical experts, a skilled birth injury lawyer can help you prove that negligence occurred during pregnancy, labor, delivery, or after birth that caused your child’s injury. If you believe your child’s birth injury occurred because of medical negligence, you should allow a skilled attorney to review your case before concluding that it is impossible to prove malpractice.
There are many more myths out there about birth injuries. Many of these myths benefit negligent healthcare professionals and their malpractice insurance companies because most parents do not understand their legal rights. Do not be one of the parents who let myths mislead them into giving up their legal rights. You deserve to be fairly compensated if your child suffered a birth injury because of medical negligence.
Contact a Naples Personal Injury Attorney
If your child suffered a birth injury because of a medical professional’s negligence, contact our Naples personal injury attorneys at The Law Offices of Marc L. Shapiro for legal help.