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Hospital Negligence Leading to Birth Injuries

Giving birth in a hospital is considered routine nowadays, and most mothers-to-be do not usually have reason to fear that hospital negligence leading to birth injuries will occur. But it happens more frequently than most people think, and when it does, the consequences for both the baby and the family are usually far-reaching, often devastating.

Hospital negligence is defined as the failure to provide reasonable care to its patients. According to the hospital negligence lawyers at Boston-based Crowe & Mulvey, LLP, it can take the form of:

  • Anesthesia errors
  • Delays in treatment
  • Lack of qualified supervisions
  • Lost or delayed test results
  • Poor communication among medical stuff
  • Post-surgical infections
  • Medication errors
  • Surgical errors

These apply to the general patient population, including new mothers and neonates. In birth injuries, however, based on an article in the website of the Missouri-based Driscoll Firm, hospital negligence takes on unique forms such as the improper use of forceps, failure to monitor the mother and fetus for distress, blood loss, or infection, or delays in performing an emergency caesarian section even when clearly indicated.

For example, a child whose oxygen supply is restricted or is subjected to brain trauma during birth may acquire cerebral palsy, a lifelong, non-progressive condition which can prevent the child from fully achieving certain milestones in growth and development. Cerebral palsy as the result of some error or oversight during birthing may be the basis for a hospital negligence claim, which is normally filed by the child’s parents when the condition is first diagnosed. However, it does take specialized skills and knowledge to conduct a proper tort claim, so it is recommended that legal representation should be chose based on the portfolio of the law firm or attorney with regard to hospital negligence cases.