Birth Injury Law


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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.

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Articles About Birth Injury Law

  • Zoloft Lawsuit for Birth Defects Related to the Use of Sertraline
    Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
  • Common Cases of Medical Malpractice
    Everyone makes mistakes. No matter how confident someone is in their abilities, they are only human. Sadly, this applies to doctors just like everyone else.
  • The Role of the Obstetrical Nurse in Labor and Delivery
    The birth of baby is usually a joyous occasion for expectant parents and their families. Since pregnancy and childbirth are a normal physiological process, the woman usually goes through the 9 month pregnancy expecting everything to be perfect at the end.
  • Birth Injuries And Defects Often Bring Tough Decisions For Parents
    Fetal distress may force parents to choose between neonatal surgery, early delivery, or a “wait and see” approach involving fetal monitoring. Yet, some problems require immediate action by a doctor.
  • What to Do if Your Child is Injured at Birth
    It is a nightmare scenario nobody wishes to face: what should be one of the happiest moments of their life becomes one of the most tragic when their newborn experiences injuries during birth. These injuries can be permanently debilitating or even result in death. But, very often, birth injuries are also preventable and unnecessary, resulting from improper medical care.
  • How Long Does it Take to Receive Settlement Money
    This article talks about the amount of time that it takes to collect money from a settlement. In this article you will learn how to minimize delays as much as possible.
  • An Overview of Medical Malpractice in Illinois
    If you, or someone you know, have/has suffered an injury during medical treatment, you or they may have a claim for medical malpractice. Illinois malpractice law dictates a number of requirements for bringing these types of claims as a lawsuit, including how much time an injured patient has to file that lawsuit.
  • Antidepressants and Pregnancy Birth Defects
    Plaintiffs in lawsuits against Zoloft claim that Zoloft did not do enough to warn pregnant women of the risks of taking Zoloft during pregnancy and that their infants suffered serious injury and birth defects.
  • Hypoxic-Ischemic Encephalopathy: Still a Common Threat to Infants
    Despite 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 Cesarean
    Most 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.
  • 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.


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