Parents must realize that physical and mental problems following a birth can happen naturally and they can happen as the direct result of medical malpractice and/or doctors’ errors. When they happen naturally, they are unavoidable and an unfortunate but normal part of life. On the other hand, when they happen due to doctors’ errors, they are preventable and never should have occurred.
It is important for parents of special needs children to realize whether their infant is suffering from a natural birth injury and/or one that happened because of doctors’ errors. If doctors’ errors caused the injury, the parents may have strong medical malpractice claims that they could make against the doctors and hospitals that cared for them during their pregnancies and births.
Remember: Not all birth injury cases are the result of doctors’ errors or medical negligence. Sometimes, doctors and medical staff did everything appropriately and according to the book, but a problem during the delivery was either an unavoidable accident or an unpreventable genetic probable. Courts will usually deem these cases to be unpreventable accidents that were out of the doctors’ and medical providers’ control.
Conversely, it is possible that doctors and medical providers neglected to follow standard medical procedure, neglected to be attentive to their patients’ needs, or made a blatant and/or purposeful error in medical judgment. If this kind of an error led to a child’s injury during birth, then the parents will have the ability to pursue damages in court.
Source: FindLaw, “Birth Injury FAQ,” accessed Dec. 31, 2015