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

  • Malpractice suits alleging ďimproper bonusesĒ settled
    Incentives are a great way to motivate individuals and push them to reach new heights and get better at a given task. Rewarding people for their efforts is a common practice that usually yields a positive result but that was not the case in two recent medical malpractice lawsuits against UPMC [University of Pittsburgh Medical Center].
  • Michigan Birth Injury Litigation 101
    You spent nine months dreaming about what your baby would look like. You eagerly anticipated holding him for the first time. Hearing that first cry. Instead, there was panic. Labor took too long. You listened to the fetal heart rate monitor anxiously awaiting the next bleep that let you know your baby's heart was still beating.
  • Recoverable Damages in Michigan Medical Malpractice Cases
    Your doctor made a mistake. You were injured. You now have to take time off work, pay unexpected medical costs, and hire someone to maintain your home and yard. As a result, you are teetering on the edge of financial ruin. Are you entitled to be reimbursed for medical expenses? Lost wages? Mental anguish? The short answer is yes.
  • Is It Too late to Sue: Statutes of Limitation and Repose in Michigan
    Lawyers receive calls every day from people who are injured but waited too long to sue. Don't sleep on your rights. There are time limits that must be followed when bringing a lawsuit. Wait too long, and your claim will become barred by a statute of limitation or repose.
  • Michigan Medical Malpractice 101
    Michigan, like many other states, has strict rules governing the procedure one must follow in pursuing a lawsuit against a healthcare provider or hospital. Make a mistake, and the case might be dismissed. This area of the law is so complicated, a patient should not try to represent themselves.
  • Is Your Doctor Experienced Enough to Operate on You?
    When you need a medical operation, you will naturally have a lot of concerns and questions about your health and your recovery, but one question that may not immediately occur to you is: how experienced is your doctor at the surgery they are going to perform on you? It should, however, be among the top of the list of your questions regarding surgery.
  • 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 Erbís palsy, and sometimes even result in the tragic loss of the infantís 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 babyís 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.
  • 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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