Understanding Liability and Damages When a Baby Dropped at Delivery is Injured
The birth of a baby is typically a joyous time for the parents-to-be. While the birth of a baby can be anxiety producing due to the pain associated with childbirth as well as potential complications that can arise, a parent typically isn’t concerned with a physician or other healthcare provider mishandling their baby, leading to the baby being dropped. Unfortunately this is something that does occur in delivery rooms across the country. Babies who are dropped at birth can suffer great trauma and the parents suffer great emotional distress. While some complications are unavoidable, dropping a baby is never an unavoidable complication and is in fact the result of a staff member’s error. A baby dropped at delivery could indeed be due to medical malpractice.
Medical Malpractice Delivery Elements
Hospital staff are required to adhere to the standard of care and hospital protocols that are in place. When one staff member fails to do so, this leads to accidents such as dropping babies in the delivery room. In order for the dropping of your baby to be considered medical malpractice, four elements have to be met in order to consider the case medical malpractice.
- Duty must be owed to the patient – It is the duty of staff members caring for your baby to adhere to standard of care protocols
- Such a duty must be breached – If a staff member strays from the standard of care, duty has been breached. Thus, if a doctor or other staff member fails to follow protocol and your baby is dropped, this is considered breach of duty
- Such a breach of duty should result in injury – While dropping your baby is a terrible thing that should never happen, if your baby is completely unharmed, it is not considered medical malpractice
- The injured party must sustain damages as result of the injury – damages include pain and suffering, or the need for future or additional treatment.
Consequences of Dropping a Newborn During or Shortly After Delivery
- Brain injury – If a baby is dropped and they hit their head, this could lead to a serious brain injury, in which trauma may be irreversible
- Skull fracture – A baby is at risk for a skull fracture if dropped on their head. This could prove to be fatal
- Hemorrhage (brain bleed) – This can occur from a fall in which a baby sustains head trauma. Brain bleeds are very serious and can cause cognitive impairment, impairment of movement or sensation, vision loss, or even wrongful death if not treated appropriately
- Fractures – A baby who is dropped may sustain a fracture (broken bone) due to the impact of the fall
- Abdominal Injury – The fall of a baby resulting in abdominal trauma can lead to internal bleeding or other serious abdominal injuries
- Wrongful death – This is the worst possible thing that could occur due to a baby being dropped. It is considered medical malpractice if the baby is dropped and sustains serious harm leading to death.
Was Your Baby Dropped at Delivery? Ask Our Birth Injury Lawyer in Portland, OR
If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
