Labor and Delivery Negligence

Skilled Mississippi Birth Injury Lawyers Helping Families Affected by Labor and Delivery Negligence

Giving children and parents throughout the Delta a voice

Whether you choose to give birth at Mississippi Baptist Medical Center in Jackson or North Mississippi Medical Center in Tupelo, two highly-rated hospitals, it can still be unnerving to put your and your baby’s health into the hands of virtual strangers—even when they’re medical professionals.

For some, childbirth goes smoothly and as according to a mother’s birth plan. For others, however, childbirth can be a long and arduous process with many potential challenges for both baby and mother. Doctors, nurses, and other health professionals have the responsibility of monitoring the health of mother and baby—ready to act quickly should any adverse situation arise. Failure to do so and missing any problems during the labor and delivery process can lead to tragic outcomes and lifelong health issues for the child.

The birth injury lawyers at Merkel & Cocke, P.A. have decades of experience helping families like yours achieve justice and secure the compensation they deserve for injuries suffered during labor and delivery. We understand the heartbreak and anger you might feel when your baby is hurt due to someone else’s negligence. We take the time to listen to your experience and will launch a thorough investigation with only your and your child’s best interests in mind.

How labor and delivery negligence can injure your child

You may have a labor and delivery negligence claim if your medical and healthcare providers deviated from the acceptable standard of care in your area, and that negligence injured you or your newborn. Birth injuries that happen during labor and delivery are usually completely preventable, and can be traced back to specific instances of negligence, including:

  • Skull fractures and other injuries to the child due to excessive or wrongful use of vacuum extractors or forceps
  • Delayed C-section, which can endanger both the life of the infant and mother
  • Failure to diagnose and treat preeclampsia, a potentially life-threatening condition in the mother
  • Failures in administering drugs, such as giving the wrong dosage, or failing to administer labor-inducing drugs like Pitocin correctly
  • Errors with epidurals
  • Anesthesia mistakes during C-sections
  • Failure to monitor for signs of fetal distress
  • Failure to notice the umbilical cord is wrapped around the child’s neck, which can lead to permanent brain damage from oxygen deprivation or even death
  • Using excessive force, which can result in shoulder dystocia or brachial plexus injuries

Negligence during labor and delivery can cause serious injury

When medical mistakes occur during labor and delivery, they can lead to a wide variety of health issues that can last a lifetime or even result in death. During the labor and birth process, both the child and mother are vulnerable, and their lives are in the hands of their medical team—who must use proper judgement, training, and skill to protect their precious patients in the delivery room.

If they fail in their job to protect mother and child, severe injuries can result, including: placental abruption, preeclampsia, Erb’s palsy, cerebral palsy, brain damage, anoxic brain injury, preeclampsia, neonatal or postnatal infections, postpartum hemorrhage, bone fractures, or infertility.

Remember, you have rights as a parent

During the chaotic and exhausting time of having a baby, and then making the shocking discovery that your child was injured during the birth process, you may be uncertain as to who was liable for your child’s injury. Many medical professionals are typically involved in labor and delivery—nurses, anesthesiologists, midwives, and obstetricians. Doctors have a duty of care to supervise other trained personnel as long as it’s reasonable under the circumstances.

This means that even if you don’t believe the doctor treating you was negligent, but a nurse under their supervision was, you can still have a negligence case against the doctor, the nurse, and the hospital for the injuries to your baby.

If your child tragically died as a result of labor or delivery negligence, as a parent you have the right bring a wrongful death action on behalf of your child, and you may be entitled to additional damages. Our attorneys can explain your rights in these terrible circumstances.

Any parents in a birth injury situation should understand there are time limits to filing a claim for negligence, and these time limits may differ from other medical malpractice cases. Don’t hesitate to reach out to our firm as soon as you are aware of your child’s injuries.

Potential damages you may secure as the result of a claim depend on the facts of the case and the extent of your child’s injuries, but they may include: medical bills and treatment (past, present, and future), neonatal care, special equipment, health aides, lost income, your child’s pain and suffering, and the parents’ mental anguish.

Our Mississippi birth injury attorneys are ready to help

There may be no greater tragedy than an injury to a newborn. The labor and delivery negligence attorneys at Merkel & Cocke, P.A. have a combination of knowledge and experience that allows them to quickly determine what happened and who is responsible. We will aggressively pursue compensation for your family. We provide services from our home offices in Jackson, Clarksdale, and Oxford, and work with clients throughout Mississippi, including Tupelo and across the Gulf Coast region. We also handle cases in Tennessee and Arkansas. You are welcome to call us today at 662-627-9641 or complete our contact form to schedule a free consultation.