Delayed delivery occurs when a delivery operation needs to occur for a birth, but the procedure is delayed or pushed back. This usually happens in emergency situations, and often involve a cesarean delivery that needed to occur, but didn’t. Delayed delivery situations can create medical risks for both the mother and the infant. In some cases, birth injuries can occur, especially those related to a lack of oxygen to the infant.
Some cases can lead to long-term medical conditions such as cerebral palsy and other conditions. In other instances, if the delivery is delayed too long, it can result in a wrongful death situation.
Who can be Held Liable for a Delayed Delivery Injury?
In many cases, delayed delivery injuries are the result of some form of medical misdiagnosis or diagnosis error. That is, there is usually some sort of error involved regarding the decision not to proceed with a cesarean delivery or induced labor delivery. In such cases, a medical professional such as a physician can be held liable for medical malpractice.
In other cases, a delayed delivery situation can result from faults or defects with medical equipment. For instance, if a piece of equipment failed to detect a condition that would require a cesarean, the manufacturer of the equipment might be held liable based on a product defect legal theory.
Lastly, hospital administration and nursing staff can sometimes be partly liable for a delayed delivery injury. An example of this is where the nursing staff was negligent in failing to pass on vital information to a surgeon or other medical professional who could perform the delivery procedure.
What are the Legal Remedies for Delayed Delivery Birth Injury Cases?
Delayed delivery birth injuries can result in very serious, long-term medical conditions in the child. These injury claims can result in a lawsuit, in which the injured party might receive a monetary damages award. The damages will likely cover losses such as medical bills, additional treatment costs, and loss of future earning capacity.
Some injuries that are connected to birth injuries or delayed delivery issues may not surface until much later, when the child is older. In such cases, courts may require the use of a medical expert to determine the extent of the injuries as well as the extent of the damages award.
Do I Need a Lawyer for Help with a Delayed Delivery Lawsuit?
Delayed delivery birth injury lawsuits can involve some complex laws and filing requirements. You may need to hire a personal injury lawyer in your area if you need help with delayed delivery claim. Your attorney can represent you in court and can provide you with guidance and legal advice during the process.