Birth Injuries Attorney Oakland
In 2006, there was 4.3 million childbirths in United States community hospitals which made childbirth the most common reason for hospitalization, according to the Healthcare Cost and Utilization Project (HCUP). According to statistics, there were nearly 157,700 potentially avoidable injuries to newborns and mothers during childbirth in the year 2006. Among those injuries, obstetrical traumas during vaginal births with instruments accounted for the highest of these injury rates. This is a rather alarming figure in this day and age of technology.
The statistics went on to show that newborns covered by Medicaid had higher birth injury rates that those covered by private insurance. On the other hand, the statistics also showed that rates of obstetrical trauma for mothers was higher among women with private insurance than those with Medicaid.
Another interesting fact to come out of these statistics was that birth injuries occurred most often in non-urban areas, whereas rates of obstetrical trauma for mothers was highest in large metropolitan areas. Complications to newborn included, broken collarbones, infections, and head injuries while obstetrical traumas to mothers included perineum tears due to forceps and other medical instruments. It was determined that even when medical instruments are not used, such tears are possible when an attempted vaginal delivery ends with cesarean-section, however are often preventable.
A couple of reasons that a parents will seek a malpractice suit for a birth injury in Oakland to the mother or infant are:
- Negligence in failing to control excessive maternal blood loss post-delivery
- Negligence in failing to monitor the baby’s oxygen intake pre-and-post delivery
- Negligence in responding to signs of fetal distress
- Failure in ordering a cesarean section when appropriate
- Incompetent use of forceps or a vacuum extractor
In the case of birth injury in Oakland to an infant, it is the parents who must bring the lawsuit. The parents may ask for both general and special damages on behalf of the infant. Such damages can include, the cost of suffering, mental and physical pain and suffering, as well as loss of enjoyment of life.
The mother can bring the lawsuit herself in the event a medical practitioner’s carelessness was the cause of her birth injury in Oakland, either prior to, or during the birth. The parents may also bring a lawsuit for any emotional pain and suffering they have had to endure to their baby’s injury.