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Newborns are very vulnerable to injury. During most deliveries, a baby will not face bruising or other potential injuries unless there is something wrong or the doctor does something to cause the bruises. Many deliveries result in bruising when the doctor uses forceps or other tools to assist in the delivery, but sometimes these tools cause more harm than good.
Talk to a lawyer if your child was born with bruises or suspicious marks. In many cases, these are the result of medical malpractice that you can sue the hospital and the obstetrician for. To learn more about your rights and what compensation you might be entitled to, contact the Fort Worth infant bruising during childbirth lawyers at The Queenan Law Firm today. For a free legal consultation, call us at (817) 476-1797.
When Infant Bruising Qualifies as Medical Malpractice in Fort Worth, TX
Just because your newborn has a bruise does not automatically mean that they were the victim of medical malpractice. During most procedures – especially childbirth – there are some inherent risks and complications that could occur. Many of those complications are unavoidable injuries and issues that the doctor might not be able to avoid, and bruising might sometimes fall into this category. In other cases, bruising might be an unnecessary injury that the doctor should have avoided, which could mean the birth injuries are the result of medical malpractice. Telling the difference is often the core issue in many medical malpractice and birth injury lawsuits, including infant bruising cases.
For a birth injury to be considered a normal complication of the procedure, it must be something that could happen even if the doctor used the proper care and skill in performing the procedure. If there is no way that such an injury would occur in the normal course of delivering a baby, then it is quite likely that the bruising was the result of malpractice, not normal complications.
Bruising is indeed an injury that could happen when a doctor is being careful, especially since babies simply are so vulnerable to injury from even the slightest excess in pressure. Because of this, the deciding factor of whether the bruises were indeed a normal complication or the result of malpractice will be whether the doctor’s care and skill were actually adequate or not.
If the doctor did something uncalled for or unreasonable given the circumstances, and that is what caused the injury, then the doctor cannot claim it was the result of normal complications. Any abnormal or inadequate care that resulted in bruising will be considered malpractice in most cases and could allow the victim and their parents to sue the doctor for the bruising.
Common Causes of Infant Bruising During Delivery in Fort Worth
Infant bruising can happen in many different ways. Some of the more obvious causes of injury – such as intentionally pressing on a baby’s soft tissue or dropping the baby onto the table or floor – would obviously be negligent or dangerous things to do. Other causes of infant bruising that the baby’s parents can sue the doctor for are often caused by mistakes in judgment and errors in how the doctor applies certain tools.
The use of forceps is one of the most common causes of infant bruising. Forceps are a set of metal tools that are hinged together like scissors, and they are used to grip a baby to help pull them from the birth canal during delivery. In some cases, using forceps is one of the best ways to get a baby out of the birth canal to prevent suffocation and other complications. However, many doctors use forceps when they are not necessary or when their use would even be dangerous. If they make an error in judgment and unnecessarily use forceps instead of other means (such as an emergency C-section), they could be liable for any injuries the forceps cause. If forceps are indeed necessary but the doctor applies too much force or unsafely uses the forceps, they could also be liable for any bruising or injuries the forceps cause.
Other tools that help affect a delivery, such as suction tools, could also leave bruises on the baby. Even accidentally mishandling a baby could bruise the infant if the doctor or a member of the doctor’s nursing team uses too much force or presses too hard on the child. Talk to a Fort Worth infant bruising during childbirth lawyer about whether any of these techniques could constitute medical malpractice in your child’s case.
Can You Sue for Bruising to an Infant in Fort Worth?
In many cases, the ability to sue comes down to questions of what the doctor did wrong. However, there is one more limitation on any medical malpractice case: there must be actual harm that the victim suffered. In some cases, bruises are surface-level injuries only, and they may heal quickly and leave no permanent damage. However, bruises might be an indication of more severe injury, especially if the baby suffered brain injury, nerve damage, or other birth injuries along with the bruising. Talk to a doctor to discover the full extent of the harm your baby suffered, and speak with one of our Fort Worth infant bruising during childbirth attorneys to learn more about what injuries might entitle you to damages and what your case might be worth.
Call Our Fort Worth Injury Lawyers for Newborn Bruising Cases
If your newborn suffered bruising or other injuries during childbirth, call The Queenan Law Firm today. Our Fort Worth infant bruising during childbirth lawyers represent injured babies and their parents in lawsuits against doctors and hospitals to help our clients get the compensation they need after a serious birth injury. For a free legal consultation, contact our Forth Worth personal injury lawyer today at (817) 476-1797.