Birth Injury

While it is true that some birth injuries occur naturally and cannot be prevented, there are others that can be attributed to medical error during pregnancy, delivery, or shortly after the baby’s arrival.

Generally speaking, there are two types of birth injury cases. 

In the first scenario, an injury has resulted from an obstetrician or doctor’s negligence in identifying or responding to complications or conditions during pregnancy or delivery or if medical devices, such as forceps, were used improperly. If the birth injury can be attributed to any of these factors, a medical malpractice claim against the practitioners and, in some cases, the hospital or healthcare facility, is warranted.

Another all-too-common scenario arises when a pregnant woman, who has been under the care of a physician or pharmacist, has taken a prescribed medication that has injured the baby. If it can be proven that the drug is responsible, parents may initiate a claim against pharmacist, medical practitioner, pharmaceutical company, or drug manufacturer.

Statistics You Should Know:

• Some medical experts estimate that seven per 1,000 babies born in the United States will suffer an injury during birth. Legal experts, however, suggest that an estimated 27 out of every 1,000 babies are born with birth injuries.
• Nationwide, 76 babies are born with birth injuries every day.
• Recognized as one of the most serious birth injuries, cerebral palsy affects more than 5,000 children in the United States each year.
• At birth, Erb's Palsy, or “brachial plexus palsy,” which is characterized by a limp or paralyzed arm and/or lack of muscle control in the arm or hand, is diagnosed in one to two out of every 1,000 babies. Many physicians believe that this condition, which is caused by damage to the baby’s shoulder during delivery, is always avoidable.

Understanding the Law

In a birth injury case, the amount of compensation received depends on the extent of the injury and its ultimate affect on the baby’s life. Parents may also be entitled to receive payment toward current and future medical expenses, as well as monetary awards for pain and suffering.

Prior to initiating legal proceedings, however, it is imperative to determine whether the newborn’s condition is classified as a birth injury or an unavoidable birth defect that may have occurred during the natural course of labor and delivery.

Was Your Baby Injured During Birth?

There are four essential steps that you must take if your newborn is diagnosed with a birth injury:

1. Assemble a comprehensive file of all of your baby’s health and medical records.
2. Ask your obstetrician for a copy of your own medical records that provides all-inclusive details of the mother’s pregnancy.
3. Seek medical attention for your baby as soon as possible. In some cases, immediate treatment can minimize the lifelong consequences of the injury.
4. Hire a competent attorney who specializes in birth injuries as soon after diagnosis as possible. Many states have statute of limitation restrictions that define a set period of time in which a family can file a claim or initiate a lawsuit.

Why You Need a Personal Injury Attorney

Medical error, negligence, and/or incompetence are complex legal issues that can be difficult to prove. Testimony from other medical practitioners, as well as extensive evidence, may be necessary to establish fault beyond reasonable doubt.

A qualified attorney can competently evaluate all the facts to determine if you have sufficient grounds to file a medical malpractice lawsuit or birth injury claim and receive compensation for your baby’s injuries and future medical care.

To find a personal injury lawyer in your community skilled in handling birth injuries, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE