Birth Injury Law
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.
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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.
- Cerebral Palsy Information
Cerebral palsy is a group of disorders that hinder control of movement. It is caused by an injury to the brain during pregnancy, around the time of birth, or shortly after birth. This brain damage may be caused by several factors depending on the type, the onset, and the health history of mother and child. Cerebral palsy is either congenital (present at birth) or acquired after birth.
- 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.
Articles on HG.org Related to Birth Injury Law
- Hypoxic-Ischemic Encephalopathy: Still a Common Threat to InfantsDespite advances in neonatal medicine, hypoxic-ischemic encephalopathy remains a common condition in the U.S., potentially causing cerebral palsy, brain damage or death to the infant.
- VBAC – Vaginal Birth after CesareanMost women who have had a previous C-section birth can deliver their next baby vaginally. However, some women will be in danger of a birth injury from VBAC. This article discusses the risks and what women contemplating VBAC need to do to prepare for a safe delivery.
- High Risk Pregnancy, Birth Injuries, and Birth DefectsHigh risk pregnancies include risk types such as women with abnormal weight, multiple pregnancies, premature birth, etc. Doctors need to pay close attention to a woman and infant with a high risk pregnancy.
- Elder Abuse Is a Growing Problem, Especially in For-Profit Nursing HomesThe growing number of for-profit nursing homes appears to be adding to the problems of waste, fraud and abuse that plague many nursing homes.
- Epidural Injuries during DeliveryBefore you decide to have an epidural, it is important to understand the risks involved, including what injuries epidurals can cause to both you and the baby.
- My Transvaginal Mesh Is Defective. Now What?The medical devices were meant to fix pelvic organ prolapse and stress urinary incontinence, but many women found they were the victims of untested devices that caused greater pain and serious complications.
- Use of a Midwife May Increase Risks of Birth InjuryAt-home births with a midwife can save on costs, but may create additional risks. Learn more about the risks of at-home delivery and how a skilled lawyer can help in the case of a birth injury.
- Medical Negligence in Hospitals and Doctor’s OfficesWith 225,000 people in the U.S. dying each year from medical malpractice and 1.5 million injured from medication errors in hospitals, doctor's offices, and nursing homes, medical negligence is a serious problem that needs to be addressed.
- Chiropractors and Medical Malpractice LawsuitsJust as any other type of medical practitioner, when a chiropractor consults with a patient he or she is expected to make an initial determination of what might be wrong with the patient's health, then create a plan to begin the healing process. When a patient is misdiagnosed or improperly treated for their pain, they will not likely find the relief that they are looking for, and may even experience worsened conditions.
- Erbs Palsy and Brachial Plexus Birth InjuryChildren with Erb's palsy often have partial or total paralysis of their hand, arm, or face. The most common cause of Erb's palsy is dystocia, which happens from a brachial plexus injury during a difficult childbirth.
- 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.