Birth Injury FAQ

The aftermath of a birth injury can be a trying and difficult time. The family may need financial compensation for the extra medical bills and the immense challenges their child will likely endure. This situation often leads to medical malpractice claims.

We’ve gathered common questions and answers regarding birth injuries and medical malpractice lawsuits below. You can also talk to a birth injury lawyer about your options. An attorney can give you advice for your specific case and explain your options.

Birth injury questions include:

• What’s the difference between a birth defect and a birth injury?
• How common are birth injuries?
• Which types of birth injuries are common?

Birth defect questions include:

• How common are birth defects?
• I’ve heard about”teratogens”causing birth defects. What are they?
• As a birth defect, what is cerebral palsy?

Questions related to obstetric malpractice lawsuits include:

• What kinds of situations give rise to a lawsuit for birth injuries?
• What is medical malpractice?
• Will a lawsuit always be successful if a baby suffers a birth injury?
• Are birth injury cases hard to win?
• How does a jury determine if a doctor’s actions were wrong?
• Who will receive money after a successful lawsuit for a birth defect?

Birth Injury Legal Questions

Regardless of whether you had an easy or difficult pregnancy, labor and delivery can go very wrong. In the crucial delivery process, both the parent and child are vulnerable to a host of medical problems.

Healthcare providers know the stakes of this medical emergency. One bad decision or moment of inattentiveness can cause irreparable harm. Birth injuries leave families with sudden grief and uncertain futures.

What’s the difference between a birth defect and a birth injury?

Birth injuries generally occur when something goes wrong during the delivery itself. Medical mistakes during the birthing process can severely injure the pregnant patient or their baby.

Birth defects usually involve harm to a baby before birth. The more accurate terms for these defects are “congenital anomalies”or “congenital disorders.”They may be due to something that happened during or before the pregnancy.

How common are birth injuries?

Birth injuries occur in about seven out of every 1,000 birthing procedures in the United States. Gathering and analyzing birth injury data is more complicated than statistics like the overall birth rate. Available data also suggests injuries during delivery cause about 2% of infant deaths, including stillbirths.

Which types of birth injuries are common?

The most common birth injuries include:

• Brain injuries like cerebral palsy and hypoxic-ischaemic encephalopathy (HIE)
• Brachial plexus injuries, such as shoulder dystocia and Erb’s palsy
• Facial nerve injuries and paralysis
• Bone fractures, especially the clavicle, legs, or arms
• Umbilical cord entanglement or prolapse

Some birth injuries can sometimes be reversed or improved through medical treatment. Other injuries are permanent. Medical providers must take the necessary precautions to prevent birth trauma during labor and delivery.

Birth Defect Questions

Congenital disorders have many potential causes, including genetic abnormalities. Medical experts can’t always avoid these conditions.

Birth defect screening has become a standard practice in OBGYN clinics and hospitals. Blood tests, ultrasounds, and placenta sampling can help doctors prepare for the best possible birth outcomes. A doctor may be negligent if they fail to use proper screening and prevention methods.

How common are birth defects?

The U.S. Centers for Disease Control and Prevention (CDC) estimates that one out of 33 babies is born with congenital irregularities. The United States doesn’t track the exact rate on a national scale. The CDC uses state data to estimate the rate of individual conditions. These defects range from very minor to severe.

I’ve heard about”teratogens”causing birth defects. What are they?

A teratogen is an agent or substance that causes congenital abnormalities, including:

• Chemicals like heavy-duty cleaners, heavy metals, or alcohol
• Infectious viruses and bacteria
• Radiation, high heat, and other physical agents
• Maternal conditions, such as gestational diabetes or preeclampsia

Several drugs have been found to be teratogens. Many of these drugs were initially meant to aid the pregnancy. They include Delalutin, a drug administered to pregnant patients to prevent miscarriages. They also include Bendectin, a medication given to pregnant patients to fight nausea.

As a birth defect, what is cerebral palsy?

Cerebral palsy is the generic term for many disorders affecting a baby’s brain function and body movement. Cerebral palsy can be the result of an injury to a fetus’s brain in the womb or a baby’s during delivery or after birth. It can also be caused by a lack of oxygen flow to a baby’s brain during delivery.

Legal Action for Birth Injuries and Defects

The following questions can help you understand your legal options for a birth injury or unmitigated congenital anomaly.

What kinds of situations give rise to a lawsuit for birth injuries?

Most cases occur when a doctor fails to adequately assess or respond to complications during pregnancy or delivery. Some claims concern a prescription drug during pregnancy that causes harm to the baby.

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider. The provider may be a doctor, nurse, dentist, technician, hospital, or hospital worker. If their negligence harms a patient, they might be liable for any resulting injury.

A provider is negligent if they perform their duties in a way that doesn’t match the standard practice of someone with similar training and experience. The profession itself sets the standard for malpractice by its own custom and practice.

Will a lawsuit always be successful if a baby suffers a birth injury?

No. Some birth disorders and injuries are unavoidable. The key question is whether medical providers failed to give you or your baby adequate medical care during pregnancy and delivery. In the case of a pharmaceutical lawsuit, the question is whether the company gave you or your baby proper medication and advice for how to use it.

Are birth injury cases hard to win?

Your chances of a successful award in a birth injury lawsuit depend on many factors. In general, medical malpractice cases require a high burden of proof.

To win a lawsuit against a medical professional for your child’s birth injury, you must prove four elements:

• Duty of care: They had a legal responsibility to keep you and your baby safe
• Medical negligence: They failed to meet a reasonable standard of care
• Causation: Their failure directly caused or failed to prevent the injury
• Damages: The injury resulted in economic losses, such as higher medical expenses, or noneconomic losses, such as a lower quality of life for the child

Each element of your claim will need ample proof and strong arguments. A birth injury attorney can look at the facts of your case to develop a strategy and maximize your chances of success.

In a lawsuit for birth injury, how does a jury determine if a doctor’s actions were wrong?

A jury will consider testimony by experts, which are usually other doctors. The medical experts will testify whether they believe your physician’s actions followed standard medical practice or fell below the accepted standard of care. A specialist, like an obstetrician, is held to a higher standard of care than would be expected of a non-specialist.

Who will receive money after a successful lawsuit for a birth defect?

If a living child suffers harm due to an avoidable birth injury, damages awarded as part of a successful lawsuit will typically go to the child, sometimes in the form of a trust. Parents can receive compensation for emotional distress damages in some situations.

Get an Attorney’s Help With Your Birth Injury Claim

Dealing with a birth injury is traumatic, and it can be difficult to know what to do first. After you have sought the treatment, support, and care you need for your child from your healthcare provider, take the time to understand your legal options. Talk to an experienced medical malpractice attorney if you feel you may have a possible birth injury claim.