A Mother and Child De-Union: Birth Injury Separation Compensation

When people think about neonatal birth injuries, a host of things generally comes to mind, including brachial plexus injuries, fractures, nerve damage, hypoxic ischemic encephalopathy (HIE), brain damage, umbilical cord injuries, and even, tragically, death. Then there are maternal birth injuries, including skin tears, hemorrhoids, and urinary tract and pelvic floor damage.

But there’s another serious birth injury with lasting effects that affects both mother and child (and family members)  in cases in which a mother and child are separated due to birth injury medical malpractice negligence: mental trauma.

The emotional aspects of mother/child attachment begin before birth.¹ Separation of a mother and child upon birth often has negative consequences associated with stress responses that can last indefinitely.² Aggression, apathy, and acting out are a few of the potential effects.

As parents may have jobs, other children, a lack of transportation, medical restrictions, or other impeding scenarios, it may limit their ability to spend time connecting with a newborn in a neonatal intensive care unit (NICU). This in turn can create serious and lasting mental trauma for both mother and child, not to mention family members. Nurse.com notes that according to the Mayo Clinic and an abstract by the National Center for Biotechnology Information, relaxation, sleep, and even weight gain can be seriously impacted by a lack of touch.³

Parents whose infants have suffered a birth injury separation due to provable medical malpractice negligence not only want valid answers to their questions, but also a combination of useful direction and effective assistance. Selecting an expert lawyer or legal team is an essential step, not only to help ensure justice, but also to secure fair birth injury compensation. Richard “Bo” Sharp, Esq. and Mallard & Sharp, P.A.’s goal is to obtain justice for individuals and families who are the victims of birth injury medical malpractice negligence, especially when such malpractice occurs during labor and delivery. This includes cases involving birth injury compensation due to separation. This type of compensation is referred to as non-economic damages, which are awarded based on several factors including pain and suffering.

Mallard & Sharp, P.A. is dedicated to providing every client with the path to justice and financial recovery. The firm is known for handling critical cases that involve birth injuries, medical malpractice negligence, and negligent security, as well as any other acts of negligence that cause catastrophic injuries or wrongful death to individuals.

For more information or to inquire about obtaining expert legal representation for a potential birth injury medical malpractice negligence case, including one involving medical malpractice birth injury compensation due to separation, contact Mallard & Sharp, P.A. at 305-461-4800.

¹ https://www.psychologicalscience.org/publications/observer/obsonline/how-mother-child-separation-causes-neurobiological-vulnerability-into-adulthood.html

² https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3115616/#R11

³ https://resources.nurse.com/the-power-of-touch-and-hugs-for-babies