Miami Breech Birth Malpractice Attorney
Breech presentation is when a baby is in position to be born upside down. Usually, when a baby is born through natural birth, their head comes out first. This means their arms and legs can come out smoothly and there is a lower chance of complications. If your baby is to be born upside down or was actually delivered in breech, there is a higher chance of complications and injuries your doctor likely should have been able to avoid.
If your child was born in Miami or the surrounding areas and suffered injuries from a breech delivery, call the Law Offices of Prosper Shaked today. Our Miami breech birth malpractice attorney may be able to help you fight for justice and compensation to help with your child’s birth injuries. For a free legal consultation on your case, call our law offices today at (305) 694-2676 to set up a free legal consultation on your case.
Dangers of Breech Deliveries for Newborns
If your child is born in breech, there is a higher risk of injuries and birth complications. When a baby is born head-first, their arms and legs come out joint-first and smoothly trail behind instead of getting stuck. When a baby comes out feet first, it can be harder to get them to come out because their legs and arms are essentially pointed the wrong direction. This could mean the delivery takes longer, and the baby could spend more time in the birth canal.
When a birth takes a long time or the baby is compressed within the birth canal for a long time, the risk of injury goes up. In the birth canal, the baby’s head might be compressed and deformed, and prolonged exposure to these conditions could cause brain injuries or skull deformations. In addition, the baby’s umbilical cord might be compressed and cut-off while the baby is being squeezed through the birth canal. This can cause the baby to have a lack of oxygen and begin suffocating. The lack of oxygen can cause serious brain injuries, potentially resulting in permanent effects such as cerebral palsy. If the doctor allows this position to continue when it was reasonably avoidable, they may be responsible for any negative effects the baby suffered during such a risky delivery.
If the baby is having trouble getting through the birth canal while in breech position, the doctor may turn to forceps to help pull the baby out. These are large metal tongs used to clamp down on the baby and pull them from the birth canal. This can cause injuries from the extra pressure of the forceps, potentially causing fractures, nerve damage, and brain injuries.
In many cases, a breech birth is handled by delivering the baby through a C-section instead of natural birth. This can help prevent injury by getting the baby out more quickly and by avoiding certain risks instead of facing possible injuries from being delivered backward or allowing the delivery to take longer.
Suing a Doctor for Negligence During a Breech Delivery
In many cases, the risks of going forward with a breech delivery are unnecessary and can be avoided by electing to do a C-section instead. If your doctor fails to give you this choice or delivers the baby by natural birth without even considering a C-section, their care may fall below standard practices. Moreover, once the baby has already begun being delivered, if the doctor allows the delivery to go on for a long time without stepping in to help move things along, the doctor could be responsible for injuries and issues resulting from the breech delivery.
Each case is different, and it is up to the specific factors of your case to determine what your doctor should and should not do. In most cases, you will need to use a medical expert to testify in court about what your doctor should have done differently and how their care fell below the expected norms among other obstetricians of similar training and experience. If your expert can testify that your doctor’s choices were negligent or not up to the standards in the medical community, you may be entitled to compensation for the injuries your baby suffered.
Fortunately, many breech deliveries do not involve injuries or further complications – but if your baby suffered injuries and permanent effects or required additional medical care because of the breech delivery, you may be entitled to compensation. Compensation for additional medical expenses can be claimed to cover the cost of any treatment stemming from the doctor’s negligence, including emergency procedures or future physical and occupational therapy to deal with disabilities. You can also claim damages for the lost wages your child will suffer in the future if they face permanent injuries and disabilities.
If your child was injured during the delivery, you can often claim compensation for their pain and suffering. Determining the value of these damages can be difficult, but your attorney can evaluate your case and help you calculate these damages.
Ultimately, your doctor and their medical malpractice insurance company should pay for these damages. In some cases, they will offer settlements to try to end the case without going to court, but these settlements are often too low for your needs. Talk to a lawyer about what your case is worth before accepting any compensation.
Call Our Miami Breech Birth Injury Attorney for a Free Consultation
If your child was delivered backward in breech and suffered injuries because of it, you may be entitled to sue the doctor for failing to perform a C-section or use other techniques to help keep your baby safe. For a free legal consultation on your potential claim, call the Law Offices of Prosper Shaked’s Miami breech delivery injury lawyer at (305) 694-2676.