A birth injury is a type of injury or damage that occurs to a baby during the birthing process—usually before, during, or immediately after delivery. Common birth injuries include nerve damage, broken bones, and facial or bodily deformities. They can result from a host of causes, including those that involve a doctor’s negligence. A birth injury that occurred because of trauma during delivery, for instance, might give rise to a medical malpractice claim.
If your child suffered a birth injury, your case might qualify for a medical malpractice lawsuit. The medical malpractice lawyers at Medical Malpractice Help can get you started on this process. We understand birth injury and medical malpractice law, and we can help you pursue compensation for your family’s damages. Call 800-916-7333 today for a free consultation.
Common Birth Injuries
These injuries could involve any type of birth trauma a newborn suffers, including:
- Childbirth fractures;
- Birth asphyxia;
- Brain injuries;
- Fetal distress;
- Forceps injuries;
- Umbilical cord complications; and
- Premature birth.
If a negligent doctor, hospital, or another healthcare provider caused trauma to your newborn, you might qualify for medical malpractice compensation.
Other Related Birth Trauma
Many birth injuries also involved other related traumas. These can include maternal injuries, wrongful births, or even wrongful pregnancies.
Sometimes the mother, not the newborn baby, suffers harm because of something that goes wrong during the delivery process. As with a birth injury, this type of trauma can result from a doctor’s negligence.
A wrongful birth occurs when a doctor fails to give information to parents that would have caused them to rethink the decision to conceive the child or carry the pregnancy to term. Parents claiming wrongful birth might argue that the doctor did not conduct appropriate genetic testing prior to the baby’s conception, so the parents did not receive a warning about the complications or birth defects they or their child later experienced.
A wrongful birth claim might also arise from a doctor’s failure to detect or notify parents of impending birth defects during pregnancy. The parents might sue for the lifetime costs of treating a congenital disability that, had they known about, they might have avoided by terminating the pregnancy.
Birth Injuries and Medical Malpractice Law
A birth injury can lead to a successful medical malpractice claim if your case meets four conditions.
The Doctor Had a Duty of Care to the Patient.
The Doctor Failed to Uphold the Duty of Care.
For a doctor, failing to uphold a duty of care means performing to a lesser standard than a reasonable physician faced with the same situation would. If another physician would likely have delivered the baby without causing a birth injury, the doctor in question probably violated the duty of care.
The Patient Suffered Injuries as a Result.
A valid medical malpractice claim requires the patient to have suffered injuries as a direct result of the doctor’s actions—or their failure to act.
The Patient Incurred Damages From Their Injuries.
The claim also requires that the patient incurred economic or non-economic damages because of their injuries. These damages might include medical bills, lost wages, and pain and suffering.
To Schedule a Free Case Evaluation With a Medical Malpractice Attorney, Call 888-526-8947.
At Medical Malpractice Help, our legal team wants to help you go after the damages you deserve for your doctor’s wrongful actions. If your child suffered a birth injury because your doctor’s care was inadequate, call 888-526-8947 and set up a free case evaluation.
Birth Injury - Frequently Asked Questions
According to a recent study published in the American Medical Association’s Archives of Internal Medicine, more than half of medical malpractice claims lead to some sort of litigation. However, most of these claims ultimately get settled out of court, even if a medical malpractice lawyer files a lawsuit to put pressure on the defendant. TheRead More
Florida is a pure comparative negligence state. Under Florida law, the claimant and defendant can share fault in a medical malpractice case. If the claimant contributed to their own injuries, their compensation from the defendant is reduced in proportion to their blame. Even if the fault is shared, a claimant will receive some compensation forRead More
Birth Injury - News Articles
California Family Continues to Wait for Millions Awarded in 2014 More than nine years ago a routine prenatal exam at the Pittsburg Health Center, located in northern California, ended in catastrophe for the Cuevas family. According to a medical malpractice lawsuit, filed on behalf of the family, the attending doctor did not respond quickly enoughRead More
Early in 2014, Dominique Adkins underwent an operation to have her thyroid gland removed at a hospital in Charleston, West Virginia. Adkins, 38 at the time, came out of the operation unable to speak and in severe pain. According to a medical malpractice lawsuit, filed in March 2016, her doctor allegedly impaired critical nerves inRead More