9.00AM- 5.00PM
(262) 331-3553
Welcoming a child into the world should be a joyful and celebratory moment. However, for some families, complications during childbirth can result in lasting physical or neurological conditions. In some cases, medical mistakes can even result in fatalities for the mother or infant.
According to the Wisconsin Department of Health Services, there are roughly 7.2 deaths per 100,000 live births in the state. However, there are also many birth-related injuries and complications, such as trauma, lack of oxygen (birth asphyxia), and fetal distress.
Although some deaths and injuries are unavoidable, even with modern medicine, many can be prevented with proper intervention. If you suspect that your child’s birth injury may have been caused by a mistake or oversight, you may have a medical malpractice case on your hands.
In Wisconsin, as in other states, medical professionals are held to strict standards of care during labor and delivery. You have a right to pursue justice if you or a loved one were impacted by poor care or negligence during the child-birthing process.
Below are some common signs that your child’s birth injury may be the result of medical malpractice.
During labor, healthcare providers closely monitor the baby’s heart rate to detect any signs of distress. Fetal distress is often indicated by a slow or irregular heart rate, which can be caused by several factors including umbilical cord complications or lack of oxygen.
In Wisconsin, hospitals are equipped with tools to track these changes in real time. If the medical team does not respond quickly to signs of distress, such as ordering a C-section or using other interventions, this could be considered a breach of the standard of care.
Discuss your situation with a birth injury attorney as soon as possible. They will help review medical records to determine if you can prove medical malpractice.
In some cases, if a baby is having trouble descending the birth canal, doctors may use forceps or a vacuum extraction device to assist with delivery. While these instruments are helpful, they must be used with great care.
Misuse or excessive force can cause birth injuries such as facial nerve damage, skull fractures, or brain injuries. If your child suffers from these types of injuries after assisted delivery, it may indicate that the healthcare professional did not follow proper protocol, potentially constituting medical malpractice.
Infections during pregnancy or labor can pose a significant risk to both mother and child. If left untreated, common infections like Group B Streptococcus (GBS) can cause serious complications, including brain injuries.
In the state of Wisconsin, doctors are required to test for GBS and administer antibiotics if necessary. Additionally, they must report any GBS diagnoses to the patient’s local health department within 72 hours of recognition.
If your baby developed an infection after birth that could have been prevented with proper screening and treatment, it may be a sign of medical negligence. Talk to an attorney about filing a birth injury lawsuit.
Some birth defects, such as cerebral palsy or brachial plexus injuries, can be linked to factors that occur during labor and delivery. In some cases, these injuries are preventable with early intervention or careful monitoring.
According to the Birth Injury Center, up to 34% of childbirth injury claims involve brain or neurological injuries. Furthermore, the Cerebral Palsy Guide estimates that up to 20% of cases are caused by labor and delivery events.
If medical staff fail to detect a problem during routine prenatal visits or make mistakes during delivery, this medical negligence could lead to conditions that have lifelong consequences for your child.
A birth injury can occur when excessive force is applied during delivery, often due to mishandling or poor technique by the attending physician. Conditions such as shoulder dystocia or fractured bones are frequently associated with excessive pulling or improper positioning during delivery.
If your child suffered these kinds of birth injuries, and you believe that the medical professional acted recklessly or negligently, you may have grounds for a birth injury lawsuit.
A birth injury attorney will walk you through your available courses of action and help you determine what your claim is worth in terms of financial compensation.
Informed consent is a fundamental aspect of medical care, including during labor and delivery. If a doctor or healthcare provider fails to fully explain the risks of certain procedures or doesn’t give you a chance to ask questions, you may have been deprived of your right to make an informed decision about your child’s birth.
Unfortunately, the Birth Trauma Association estimates that as many as two in five women giving birth have had procedures performed on them without their consent.
This is an unacceptable oversight and the ground for many birth injury cases in Wisconsin. Let your birth injury attorney know what your doctor told you and provide as much documentation as possible to support your lack of consent.
One of the most powerful ways to identify medical malpractice is by reviewing your medical records. If there are discrepancies, missing information, or evidence that care was not provided as per medical guidelines, this can support your right to file a birth injury lawsuit.
Wisconsin medical facilities are required to maintain accurate records, and any errors or omissions in those records can be used to investigate whether your child’s birth injuries were preventable.
Birth injury cases are deeply emotional and traumatic experiences for families. These injuries can result in life-altering conditions, such as cerebral palsy, brain damage, or nerve damage, that affect a child’s ability to move, communicate, or thrive.
What should have been a wonderful moment for parents can quickly turn into a heartbreaking struggle. The significance of understanding birth injury cases lies not only in helping families seek justice but also in providing them with the support they need to navigate an incredibly challenging journey.
Birth injuries can bring immense emotional, physical, and financial burdens that families will carry for a lifetime. The cost of long-term medical expenses, therapy, and educational support can be overwhelming, and no parent should have to face these hardships alone.
By pursuing birth injury claims, families can secure much-needed compensation to help care for their children and make sure they receive the best possible support. Holding professionals accountable for medical negligence also helps prevent future birth injuries in other families.
Cases regarding birth injuries are complex, emotionally charged, and require a deep understanding of both medical and legal issues. If you’re feeling overwhelmed by the demands of caring for your child and navigating an uncertain future, know that you’re not alone.
A birth injury attorney serves as a vital advocate during this challenging time, helping families uncover the truth about what happened and determine whether medical negligence played a role in their child’s injury. These lawyers can analyze medical records, consult with experts, and build a strong case that ensures you receive the justice you deserve.
Working with a birth injury attorney is also essential for securing the financial resources needed to care for a child with long-term medical or developmental needs. The costs of specialized care, therapy, and assistive devices can quickly add up, placing immense strain on a family.
A skilled birth injury attorney understands the scope of these challenges and will right to recover compensation to cover your medical expenses, lost wages, and other damages. Beyond financial relief, partnering with an attorney allows you to focus on supporting your child while someone more experienced works tirelessly to hold medical professionals accountable.
If your baby has suffered harm during childbirth, and you believe it may be the result of medical malpractice, it’s time to speak with an experienced birth injury lawyer. Whether your child has a lasing condition like cerebral palsy or was only temporarily injured, you have rights.
At Mahony Law, we specialize in personal injury cases, including medical malpractice and birth injury claims. Our birth injury lawyers will help you navigate the legal process while pursuing full compensation for your medical expenses and other damages.
Please note that Wisconsin’s statute of limitations for filing a medical malpractice lawsuit is generally three years from the date the injury occurred or one year from the date the injury was discovered. As a result, the clock on many birth injury claims is already ticking.
The sooner you begin to take action, the better chance we have of successfully filing a medical negligence claim on your behalf. Get in touch today to schedule your free consultation with a birth injury attorney.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
