Can You Sue a Midwife for Birth Injury?
Rasansky Law Firm
A midwife is a trained medical professional who accompanies an obstetrician during childbirth. She provides support during the birth and after delivery. She is also responsible for care and general supervision throughout labor. She is there to guard against incidents like birth injury.
The primary task entrusted to a midwife is to communicate with the mother-to-be during the process. She needs to minimize the risk of complications such as baby brain damage and help make the delivery smooth. Childbirth is a critical and delicate affair, and a midwife is extensively trained so that she is medically equipped to handle the situation.
The presence of a seasoned midwife makes the length of labor appear shorter. A qualified midwife also lessens the need for too much medication or a cesarean delivery. They are only allowed to work if they have certification from a national organization. However, instances of malpractice birth still occur. As a matter of fact, there were 484 cases of negligence reported between 1999 and 2005. The lawsuits filed against these women have been a result of the following situations:
• Equipment or product problem
• Monitoring issues
• Surgery-related issues
• Treatment-related issues
• IV and blood delivery
Let's also take a look at the injuries that occurred due to the above mentioned issues:
• Swelling and bruising
• Paralysis in part of the face
• Brain injuries
• Loss of muscle or nerve function
It is important to note here that none of these birth trauma injuries have obvious symptoms until about a year after delivery. This should not deter you from pursuing legal action. You can file a lawsuit as late as a year after first observing the symptoms. The affected children themselves may file it upon attaining legal age. The specifics of the law, however, differ from state to state.
You must remember that a midwife will always claim that the reasons leading to the baby injury were inevitable. If the complications took place before labor, she might claim that the injury occurred even before a doctor had a chance to diagnose, and if problems came to the fore during labor, she could blame it on the late arrival at the medical facility. You must, however, consult a cerebral palsy lawyer and let him investigate the case. These lawyers are professionals who have ways to determine if there was negligence on the part of the midwife. We have a Dallas cerebral palsy attorney who will gladly access your case for free.
Every parent expects a smooth birth and a healthy baby. There are situations though, that lead to unpleasant circumstances. If your child has been a victim of medical malpractice or negligence by a midwife, you must not pay for their mistake. There is legal recourse available to claim damages due to birth injury.
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