Birth Injury and Prenatal Negligence By Sean Burke on September 02, 2020

Hands on a pregnant woman's bellyHaving a baby is one of life's greatest joys, but a birth injury can cause great heartbreak or loss. A birth injury attorney can provide legal guidance and compassion for families who have been affected by a birth injury.

Birth injuries may happen during labor, but sometimes they're caused before birth from negligence during prenatal care. At Burke Argos, attorneys Sean M. Burke and Jason N. Argos help hold medical professionals accountable for birth injury and prenatal negligence in Irvine, CA, and surrounding areas.

Prenatal Care Is Important

Prenatal care is important for monitoring a growing baby and the mother throughout pregnancy. It plays a vital role in detecting issues that may put the mother or baby at risk.

Diagnostic tests, such as ultrasounds and lab work, are useful in identifying complications or conditions that could harm the mother or baby. Addressing issues in a timely manner is key to preventing negative outcomes and protecting the health of both mother and baby as much as possible.

Types of Prenatal Negligence

Expecting parents rely on medical professionals to diagnose and treat any issues that may present themselves in order to protect the well being of the mother and baby. As such, there is a reasonable expectation of quality of care.

When medical professionals are negligent and provide substandard care, it can lead to birth injuries that may have lifelong consequences.

There are several ways in which negligence can occur during prenatal care, and they often stem from a failure to diagnose or treat a condition. Some possibilities include a failure to diagnose or treat such conditions as:

  • Gestational diabetes
  • Maternal infections 
  • Preeclampsia 
  • Fetal macrosomia (abnormally large babies)
  • Birth defects

Types of Birth Injuries Caused by Prenatal Negligence

Prenatal negligence is a form of medical malpractice that can lead to serious birth injuries. For some of our Irvine clients, birth injuries cause permanent damage.

Some types of birth injuries from prenatal negligence include:

  • Cerebral palsy: Cerebral palsy is a birth injury caused by oxygen deprivation to the brain. Infection during pregnancy that's not treated during prenatal care can potentially cause cerebral palsy.
  • Erb's palsy: Erb's palsy is a paralysis of the arm that can occur during vaginal childbirth as a result of extreme stretching of the shoulder. Fetal macrosomia increases the risk of Erb's palsy as larger babies are more difficult to deliver through the birth canal.

Holding Medical Professional Liable

When birth injuries occur due to the negligence of medical professionals, it's important that they are held accountable.

Through a medical malpractice lawsuit, it may be possible to hold responsible parties liable while also recovering damages for medical expenses as well as physical and emotional distress.

Contact the Attorneys of Burke Argos

If you live in or around Irvine and believe your child's birth injuries were caused by prenatal negligence or malpractice, please call the attorneys of Burke Argos at (949) 438-4416 to schedule a consultation and learn more about the legal options available to you.

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