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 motherís 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 childís 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

  • 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.
  • No-Fault Birth Injury Fund
    For the second time in two years, the Maryland General Assembly will hear arguments in favor of creating a no-fault birth injury fund to help cover the costs of medical care for babies born with brain injuries.
  • What Can a Birth Injury Lawyer Do for You and Your Baby?
    Child birth injury is deplorable and inexcusable. Children are precious, and they deserve the utmost care. Doctors, midwives, nurses and other health care professionals assume this responsibility day in and day out. It is their job to provide the highest quality care, but sometimes people can become complacent, errors can occur or birth complications may not be resolved properly.
  • Texas Mother Alleges Denied C-Section Resulted in Birth Injuries and Death of Newborn
    A young Texas mother is seeking answers after her newborn suffered extreme birth injuries and died during the labor and delivery process. The 18-year-old mother went to the hospital earlier this month, just one week shy of her due date. After an "uneventful pregnancy", the mother and her family looked forward to the arrival of their newest family member. Unfortunately, the turn of events at the hospital would change their lives forever.
  • Malpractice and Birth Injuries
    When obstetric teams communicate well and follow established protocols, incidents of medical error and birth injuries are preventable.
  • Medical Malpractice and Birth Injuries
    Expectant parents dream of the day their happy, healthy baby comes into the world. When a baby suffers a birth injury; however, this special day becomes a parentís worst nightmare.
  • UK Hospital Liable for Birth Injury
    The family of a seven-year-old girl with severe cerebral palsy is awaiting the final award amount following a settlement agreement by the hospital where the girl was injured.
  • Infant Wrongful Death Due to Medical Errors
    Negligence resulting in the death of an infant at, or shortly after, birth is avoidable.
  • 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, Erbís 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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