Birth Injuries
Your choice of attorney to represent your interests during a birth injury case could mean the difference between successful negotiations or expensive, ongoing litigation. Please contact our firm today to schedule a consultation with a personal injury attorney who can provide a clear explanation of your legal rights and options.
Birth Injuries Resource Links
KidsHealth.org
Provides doctor-approved health information about children from before birth through adolescence.
The Food and Drug Law Institute
Examines the laws, regulations and policies related to drugs, medical devices, other health care technologies and foods.
United Cerebral Palsy
Provides information, links and resources on cerebral palsy.
National Patient Safety Foundation
Non-profit organization providing patient safety literature, research, policy initiatives and more.
Consumer information for women: Pregnancy
Information provided by the Food and Drug Administration on topics important to women expecting a child or trying to become pregnant. Some topics include the use of misoprostol during delivery, food safety, and the use of medications during pregnancy.
Birth Injuries – An Overview
Types of Birth Injuries
Some types of birth injuries include:
- Forcep injuries – lacerations, bruising
- Subconjunctival hemorrhage – burst blood vessels in the baby’s eye that normally clear up
- Caput succedaneum – bruising or swelling of the baby’s scalp
- Cephalohematoma – collection of blood under the baby’s periosteum, a tissue that covers the bones in the head
- Facial paralysis – caused by excessive pressure on the face during delivery
- Fractures – of the collarbone, limbs or head
- Erb’s palsy – stretching or tearing of the nerves that control movement in the arms, hands and fingers
- Cerebral palsy – damage to the areas of the brain that control muscle function and movement, can be caused by a lack of oxygen during delivery.
Responsible Parties
Proving a Birth Injury Case
To prevail in a birth injury case, the plaintiff must prove:
- The appropriate standard of care (the type of care and skill provided by the average doctor in the same or similar circumstances)
- The doctor failed to adhere to the established standard of care
- The child suffered a birth injury
- But for the doctor’s failure to adhere to the standard of care, the child would not have been injured
Defenses to a Birth Injury Claim
- No doctor-patient relationship. To maintain a medical malpractice suit, the doctor and patient had to have an established doctor-patient relationship. If the doctor did not provide treatment or care to the patient prior to an emergency delivery or C-section, it may be difficult for the plaintiff to prove a doctor-patient relationship existed. Some states have “Good Samaritan Acts” that shield doctors from liability for helping people in emergency situations.
- No deviation from the standard of care. One element the plaintiff must prove in a birth injury claim is that the doctor deviated from the accepted standard of care. However, there may be more than one accepted standard of care. When there is more than one acceptable practice, the choice of the appropriate medical approach is left to the doctor’s good faith judgment. In such a case, if the doctor chooses a different standard of care that was reasonable under the circumstances and an error occurs, that error may not rise to the level of negligence.
- The doctor’s negligence did not cause the injury. If the plaintiff establishes the standard of care and proves the doctor failed to adhere to that standard, the doctor may claim his or her negligence did not cause the child’s injury. For example, the injury could have resulted from the independent actions of a nurse, a genetic disorder or an injury to the mother while pregnant.
Damages in Birth Injury Cases
- Pain and suffering
- Permanent physical disability
- Lost future wages of the child
- Emotional distress
- Loss of companionship
Speak to a Birth Injury Attorney
Birth Injuries – An Overview
Types of birth injuries
Some types of birth injuries include:
- Forceps injuries – lacerations, bruising
- Subconjunctival hemorrhage – burst blood vessels in the baby’s eye that normally clear up
- Caput succedaneum – bruising or swelling of the baby’s scalp
- Cephalohematoma – collection of blood under the baby’s periosteum, a tissue that covers the bones in the head
- Facial paralysis – caused by excessive pressure on the face during delivery
- Fractures – of the collarbone, limbs or head
- Erb’s palsy – stretching or tearing of the nerves that control movement in the arms, hands and fingers
- Cerebral palsy – damage to the areas of the brain that control muscle function and movement, can be caused by a lack of oxygen during delivery.
Responsible parties
Proving a birth injury case
To prevail in a birth injury case, the plaintiff must prove:
- The appropriate standard of care (the type of care and skill provided by the average doctor in the same or similar circumstances)
- The doctor failed to adhere to the established standard of care
- The child suffered a birth injury
- But for the doctor’s failure to adhere to the standard of care, the child would not have been injured
Defenses to a birth injury claim
- No doctor-patient relationship. To maintain a medical malpractice suit, the doctor and patient had to have an established doctor-patient relationship. If the doctor did not provide treatment or care to the patient prior to an emergency delivery or C-section, it may be difficult for the plaintiff to prove a doctor-patient relationship existed. Some states have “Good Samaritan Acts” that shield doctors from liability for helping people in emergency situations.
- No feviation from the standard of care. One element the plaintiff must prove in a birth injury claim is that the doctor deviated from the accepted standard of care. However, there may be more than one accepted standard of care. When there is more than one acceptable practice, the choice of the appropriate medical approach is left to the doctor’s good faith judgment. In such a case, if the doctor chooses a different standard of care that was reasonable under the circumstances and an error occurs, that error may not rise to the level of negligence.
- The doctor’s negligence did not cause the injury. If the plaintiff establishes the standard of care and proves the doctor failed to adhere to that standard, the doctor may claim his or her negligence did not cause the child’s injury. For example, the injury could have resulted from the independent actions of a nurse, a genetic disorder or an injury to the mother while pregnant.
Damages in birth injury cases
- Pain and suffering
- Permanent physical disability
- Lost future wages of the child
- Emotional distress
- Loss of companionship