Anticipated joy can turn to tragedy if an otherwise healthy baby is injured during the course of labor or birth. At times, these birth injuries are an unavoidable part of the birthing process and no one is at fault. In other cases, however, a doctor or nurse’s mistake or negligence in the delivery room can mean the difference between a healthy baby and one that is seriously injured or permanently disabled.
Causes of Birth Injury
Injuries to an infant’s delicate bones or nerves, such as Erb’s palsy, can easily occur from improper application of forceps, vacuum extractors, or other medical instruments during delivery.
Neurological injuries – including cerebral palsy, mental retardation or disability, and brain damage – can result if a doctor fails to recognize or respond immediately to a loss of oxygen supply to the fetal brain.
Types of Birth Injuries
There are several types of birth injuries:
- Cerebral Palsy
- Erb’s Palsy
- Brain Injury/Damage
- Birth Trauma
Elements of a Birth Injury Case
Before filing a birth injury claim it’s important to understand that you will need to prove the following in order to be successful:
- The defendant (e.g. obstetrician, surgeon, physician, nurse, medical facility, pharmaceutical company, medical device manufacturer, etc.) owed a legal duty of care to your baby;
- The defendant breached the legal duty of care by acting or failing to act in a manner in which a reasonably competent individual would have, under the circumstances;
- The defendant breached the legal duty of care which caused harm to your baby.
Filing a Birth Injury Lawsuit
If your child has suffered a birth injury that you believe to be the result of medical malpractice you may be able to file a lawsuit. However, if you plan on filing a birth injury lawsuit, you should contact a lawyer immediately. Each state has a time limit, called a statute of limitations, restricting how long you have to file a birth injury claim. The time limit varies from state to state. If you wait too long you will not be able to take legal action. If you are considering filing a lawsuit, it is important to seek legal help from an experienced birth injury attorney that is familiar with your states laws.
