Home > Research Legal Advice > Medical Malpractice > Can I sue for birth injury, scarring and deformation
Asked 4 months ago - New London, CT
FlagWhile giving birth to twins my daughters upper lip was scarred and a slight disfigurement is still visible to the eye. Breathing machines were placed in her nose and during the process scarred her upper lip. I was wondering if a lawsuit would apply. Daughter is now 6 mos old and can still see the scar, can I sue or should I contact the hospital to see if they will settle.
You can sue if a medical expert (OBGYN) says there was a violation of the standard of care that caused the injuries. This can be an expensive inquiry, but if the baby has a permanent injury it may be worth looking at. Do you have the medical records? Is the scar improving with time or has anyone said it will be permanent? Feel free to contact me to discuss
I’m sorry to hear about her lip, although the cost of a lawsuit could exceed the recovery. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.
Very sorry to hear about your daughter's lip. Prior to answering your question, a thorough review of the medical records must take place so as to determine whether there appears to be a violation of the medical standard of care; ie, if there was medical negligence. This determination will be made based on the content of the medical reports, a review of the records by a competent medical malpractice attorney, your input, and, most importantly, the opinion of a qualified medical provider as to whether the standard was breached. Interestingly, sounds like the injury occurred when a "breathing machine" was placed in your daughter's nose. This could very well be nursing malpractice and your eventual defendant may very well be the hospital where you gave birth. Feel free to contact me with any further questions.
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