A Look at Birth Injury Cases

While most doctors and hospitals take every possible measure to ensure a safe and healthy birth, occasionally mistakes or miscommunication can lead to the unintended harm of a newborn baby. In some of these cases, the hospital or staff can be held legally liable for the damages caused in a medical malpractice lawsuit.

Birth injury cases seek compensation for injuries that result from medical negligence during the process of labor and delivery. These types of cases are complicated and usually require an experienced attorney to handle them properly.

Common Types of Birth Injury Cases

Birth injuries can occur before, during and after delivery. While the risk of injury is common, there are some types that may be preventable. Some of the more common types of birth injuries that could lead to the filing of a claim include:

• facial paralysis;
• cerebral palsy;
• brachial plexus palsy;
• Erb’s palsy;
• asphyxiation;
• untreated/improperly treated jaundice;
• fractures;
• cephalohematoma;
• brain damage; and
• death.

There are other types of birth injuries that could lead to the need for medical intervention, surgery and even long-term care. The cost to treat serious injuries such as these may be recoverable through a claim.

Common Causes

While medical negligence is the basis in birth injury cases, there are some specific actions (or the failure to act), that can lead to harm. Birth injury lawyers can evaluate your case to determine what may have led to your child’s injuries and if they were the result of medical negligence.

There may have been a delayed response in treating a condition or delivering the baby in a timely manner. A doctor may have improperly used a medical device, such as forceps or vacuum extraction. Or there may have been a misdiagnosis or missed diagnosis of a health condition.

Additionally, birth injuries could be caused by miscommunication, fatigue, inadequate staffing, poor training, lack of experience or failure to follow hospital policies.

No matter the cause, you may have the legal right to compensation for your child’s injuries. Speaking with a lawyer as soon as possible is important because each state has a statute of limitations on when a medical malpractice claim can be filed.

Proving Medical Negligence in a Birth Injury Case

You will need to prove that your child’s injuries were a result of medical negligence, whether intentional or not. If the healthcare professional’s actions, or lack thereof, were careless or reckless, and it resulted in injuries, then you may be able to pursue a claim.