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Broken Bones Could Be a Sign of Medical Negligence During Childbirth

Posted on in Medical Malpractice

Will County birth injuries lawyerEvery parent hopes for just one thing when they prepare for the birth of a child: a healthy baby. So, in cases where a baby is born with broken bones or another ailment, the special day can turn into a nightmare for the parents.

Birth injuries such as broken bones sustained during labor can leave a baby in a lot of pain and even the possibility of long-term disability. Unfortunately, the injury is commonly a result of medical negligence in which a doctor does not notice that a baby is too big to pass through the birth canal without injury. In such a case, the doctor should order for a cesarean birth to make the process easier for both mother and baby.

How do I Know if My Baby Was Born with a Broken Bone?

Babies can feel the pain of a broken bone just as easily as an adult can, but they cannot tell their parents or the doctor what is the source of their pain. According to the Birth Injury Guide, a clavicle (collarbone) break is the most common injury after a complicated delivery. It can be the result of not enough room for the baby to pass through the birth canal or too hard of a pull from the person delivering the baby.

Signs of a clavicle fracture include:

  • Non-stop crying.;
  • Swelling of the injured area;
  • Little or no movement of the arm on the injured side;
  • A droop in the injured shoulder so it sits lower than the other.

Limb fractures are also possible during difficult deliveries. Parents should look out for similar symptoms to a clavicle break especially if the baby is not moving a particular arm or leg.

If a break occurs close to the end of a bone, the injury could result in usual bone growth, creating long-term problems. This is why a break needs to be identified quickly so that it can be treated. Broken bones in an infant are treated the same way an older person would: with a splint, cast, medication, and in severe cases, surgery.

What Should I Do If My Baby Is Injured During Birth?

From a legal standpoint, the parents of a child born with a broken bone could file a medical malpractice lawsuit against the doctor responsible for causing the injury. The parents can receive monetary compensation in order to pay for the treatments that their child needs to heal the broken bone.

Since there is a time limit for filing a lawsuit, the parents should talk to a lawyer as soon as possible. Then, they will have to gather their evidence to prove the doctor was negligent, possibly including:

  • Up-to-date medical records;
  • Reports of treatments the doctor performed on mother and/or child;
  • X-rays of the injured body part; and
  • Expert witnesses who can testify that the defendant was not performing their duty properly.

In some cases, a fracture may be a result of a birth defect or disease - such as brittle bone disorder - and the doctor cannot be liable for the injury. However, in instances in which a doctor was too rough with the delivery, that doctor will need to face the consequences. The amount of monetary compensation depends on the cost of treatment, as well as many other factors and variables unique to each case.

Contact an Orland Park, IL Birth Injury Lawyer

Having a baby can be a stressful time, but an injury to the little one can make things even more complicated for parents. If you or someone you know has an injured child because of medical malpractice, hire a lawyer from Schwartz Injury Law who can help get you the compensation you deserve. To schedule a free consultation with a Will County medical malpractice lawyer, call 708-226-9000.

 

Sources:

https://www.birthinjuryguide.org/birth-injury/types/infant-broken-bones/

https://safebirthproject.com/bone-fractures/legal-issues/

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