Birth Injury Law




A Birth Injury is a profound injury or death resulting from trauma to the baby or mother, due to medical mistakes, negligence, malpractice, or flawed hospital policy during the birthing process. This means a medical professional failed to use the appropriate degree of skill and care that would be used by a reasonable medical professional under similar circumstances.

What is Birth Injury Law? This is a subset of medical malpractice law and includes personal injury cases stemming from a failure to adequately respond to the following circumstances: maternal or fetal bleeding; fetal distress or anoxia (lack of oxygen); umbilical cord complications; the need for a cesarean section; infections; the anticipation of a large baby and related complications; and other maternal health complications. Injury can also result from incompetent or improper use of forceps or a vacuum extractor.

Negligent prenatal care can also result in harm to the baby and/or mother. This can include the failure to diagnose the mother’s medical condition; failure to identify birth defects; failure to identify an ectopic pregnancy; or failure to diagnose a disease that could be contagious to the baby.

Birth injury cases are generally classified by two types: brain injury, or anoxic brain injury, where the physician or the medical staff failed to properly monitor the birth process with fetal monitoring and the failure to order a caesarean section in a timely fashion; and dystocia, which is caused by the failure to properly help the baby down the vaginal canal during a vaginal delivery and can result in various types of palsy and other complications.

Birth injury lawsuits seek to provide the families of the injured baby with financial compensation for the child’s injury.

To consult State legislation for filing a personal injury claim please see our Personal Injury Statute of Limitations page.

Copyright HG.org

 

Know Your Rights!

Articles About Birth Injury Law

  • What Are the Signs and Symptoms that a Baby Suffered a Brain Injury at Birth?
    When a baby suffers an injury during labor and delivery, parents are devastated and have many questions about what happened, why it happened and whether the injury could have and should have been prevented.
  • Safety Protocols and Electronic Medical Records Can Reduce Incidence of Birth Injury
    Childbirth is especially susceptible to medical error because of the complexity and variability of the medical issues that can arise. Medical mistakes during childbirth can lead to devastating injuries, such as Cerebral palsy or Erb’s palsy, and sometimes even result in the tragic loss of the infant’s life. When your child suffers a birth injury, you should always consult with an experienced medical malpractice lawyer.
  • Injuries that Warrant a Car Accident Claim
    Car accidents usually cause minor to severe injuries for those involved, and even when someone has only been mildly included in these incident, he or she may be harmed in the process. It is important to know when a claim is warranted, or when an insurance settlement provides enough to cover the medical costs.
  • What to Do after a Baby's Birth Goes Terribly Wrong
    A baby’s birth is usually one of the happiest times an expecting mother experiences in her life. However, this is not the case when a medical professional is negligent in his or her duties. The consequences of unprofessional actions often affect the entire life of the person birthed during this situation.
  • Dynamics of a Birth Injury Lawsuit
    When a baby is injured during birth, he or she may have a negative impact that affects him or her throughout life or long-term physical harm that could lead to serious complications. Other minor bruises or lacerations could transpire when particular instruments and tools are used through the healthcare facility.
  • Risks of PROM During Pregancy
    Pregnant women often refer to their “water breaking” when talking about childbirth. This refers to the rupturing of the membranes around the amniotic sac and chorion, which results in amniotic fluid leaking out.
  • A Patient's Guide to Medical Malpractice Cases
    Medical malpractice cases, for a normal patient, can be frightening and difficult to comprehend. Often, the patient, or the patient’s family, is reeling and in a state of disbelief, or even denial, that they, like thousands of other patients, have been harmed by medical malpractice. So after a patient or family member has been harmed or injured by a doctor or nurse, the patient or family member may ask: “What do we do next?” or “What do we do now?”
  • Bad Outcome vs. Medical Negligence: What You Need to Know
    Consulting with an attorney is strongly recommended as soon as possible after you believe you have suffered an event of medical malpractice
  • Filing a Birth Injury Lawsuit
    When a woman goes into labor, she puts the life of her unborn baby in the hands of well-trained medical professionals. In most cases that person is an obstetrician, gynecologist, neonatologist, or other doctor who has had the necessary training to safety deliver babies. Some women decide to go a slightly different, more natural route, by opting to have a midwife deliver their baby.
  • Zofran Lawsuit Alleges Failure To Warn
    One of the most recent lawsuits filed against GlaxoSmithKline (GSK) regarding its drug Zofran alleges that GSK engaged in wrongful conduct and fraudulent misrepresentation, directly resulting in a child being born with severe congenital heart defects.
  • All Tort and Personal Injury Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.

Birth Injury Law - US

  • ABA - Cerebral Palsy, Erb’s Palsy and Birth Injury Blog

    This blawg describes medical procedures and treatments relevant to birth injury litigation and highlights recent birth injury verdicts.

  • Birth Brain Injury - Cause and Cure

    The objective of this web site is to prevent neonatal cerebral palsy (CP) and to eliminate brain injury litigation from obstetrical practice.

  • Birth-Related Neurological Injury Compensation Program

    Welcome to the website of one of the most innovative programs in the United States. Designed to assure access to obstetrical services for all residents of the Commonwealth, the Virginia Birth-Related Neurological Injury Compensation Program also has distinguished itself by assuring superior care for admitted children.

  • Medical Malpractice and Childbirth

    Childbirth is a very risky medical procedure. The risk of a poor outcome for mother or child is high relative to many other medical procedures. Poor outcomes that can result from childbirth include fetal death, stillbirth, maternal death, birth injury, birth defects, brain damage (e.g. cerebral palsy), neonatal infection, maternal infections, and numerous other issues. Not surprisingly, the rate of medical malpractice involving childbirth and birth injury is higher than many other medical areas.




Find a Lawyer

Find a Local Lawyer