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The Legal Implications of Misdiagnosis and Birth Injuries

What Happens When a Failure to Diagnose Results in Birth Trauma?

Throughout a person’s pregnancy and during the labor and delivery process, expectant parents put their faith in medical professionals. They have the reasonable expectation that they will take the measures necessary to properly monitor and detect any problems. In some cases, however, a healthcare provider fails to diagnose a condition or issue resulting in serious injury.

At Bailey Cowan Heckaman PLLC, we provide dedicated legal representation where a failure to diagnose results in a birth injury. Our attorneys have over a century of collective experience helping birth trauma victims obtain the compensation they deserve. 

If your child was injured at birth due to a misdiagnosis, contact our office at (888) 367-7160 to schedule a free consultation. 

What Is a Misdiagnosis?

In the medical profession, a misdiagnosis occurs when a healthcare provider fails to provide a proper diagnosis of a health issue or condition. A misdiagnosis can be extremely harmful to a patient because it may delay the correct treatment or cause serious complications, particularly when the patient is an infant.

Common causes of misdiagnosis in birth injury cases include:

  • Failure to monitor or detect for fetal distress;
  • Lack of adequate prenatal care (i.e. failure to monitor for maternal infection);
  • Failure to check for and diagnose preeclampsia;
  • Failure to treat a discoverable condition (i.e. gestational diabetes);
  • Delayed discovery of jaundice; and
  • Failure to look for breech presentation.

These medical mistakes can have long-term implications for both mother and child. Many of these conditions can cause significant harm to an unborn child and in some cases may cause fetal death.

What Are the Legal Implications of Misdiagnosis in Birth Injury Cases?

A healthcare professional’s failure to properly diagnose certain discoverable conditions can result in severe injury. In many cases, the birth injury could have been prevented if the doctor, nurse, or other provider had provided a reasonable standard of care including proper fetal monitoring.

If a healthcare provider does not properly monitor or test for these problems, it can cause brain damage, cerebral palsy, paralysis, perinatal asphyxia, or other common birth injuries. If the trauma was avoidable, you may have a valid claim for medical malpractice. However, it is important to speak to an attorney as soon as possible to determine your legal options.

What Kind of Compensation Is Available in Birth Injury Cases?

If your child sustained a birth injury related to a misdiagnosis, you might be able to pursue a claim for damages on their behalf. 

Damages in a birth injury lawsuit may include compensation for:

  • Medical care and treatment
  • Future medical expenses
  • Disability care
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering

Birth injury cases are often complex requiring in-depth knowledge of both the medical and legal fields. It is in your best interest to discuss your case and your rights with an attorney.

Contact Our Office for More Information

If your child sustained a birth injury as a result of a misdiagnosis, contact our office at (888) 367-7160 to schedule a free consultation. There are no fees unless we win. Call our office today to speak directly with an experienced attorney.

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