Birth injuries that may be grounds for a legal claim

Parents-to-be will generally do whatever they can to ensure their unborn child is healthy and safe. But once the labor process is underway, it is then up to doctors and nurses to take on this responsibility of keeping a baby — and the mother — safe. 

Tragically, not all deliveries go smoothly. In the worst cases, a baby can be seriously injured or worse during labor. Sometimes there is nothing that can be done to prevent or limit the damage done; but in other situations, the injury is caused as a result of inadequate medical care.

We have explored the subject of birth injuries at a high level in an article on our website. In that article, which can be read by clicking here, we discussed the difference between birth defects and birth injuries and when there may be grounds to file a legal claim. In this post, we will look at some of the specific injuries or conditions that can often lead to medical malpractice claims.

Many babies can be injured when a doctor utilizes improper techniques or devices during delivery. Some babies can be seriously injured if a doctor uses forceps or a vacuum; other babies can develop Erb’s palsy if their brachial plexis is injured during delivery.

Another common source of injury stems from unnecessary delays or a failure to properly monitor the vital signs of a mother or baby. If, for example, the baby is deprived of oxygen, delays or failure to address the situation can result in permanent brain damage. There may also be serious consequences if medical staff waits too long to perform a Caesarean section procedure, which could lead to death.

These injuries can range from minor and treatable to permanent or fatal; but in all cases, parents have the right to explore their legal options. Compensation and lawsuits cannot undo the damage that has been done, but they can help parents hold the appropriate parties accountable and pursue the compensation families may greatly need and deserve.

In any situation where a baby’s health or life is jeopardized by reckless or negligent care, parents have the right to take action and hold hospitals, doctors, nurses or product manufacturers responsible for the actions that led to the injuries.