Birth injuries occur to a baby when complications arise during the labor or delivery process. For every 1,000 babies born in the United States, 5 will be injured during birth. A birth injury can happen because of an obstetrician’s failure to correctly assess or respond to conditions and/or disorders and complications during a woman’s pregnancy or delivery. For example, a doctor may fail to recognize a disorder like hypertension during a woman’s pregnancy or he may fail to properly assess the babies overall health in the womb. The use of an improper medical device or the improper use of a medical device such as a vacuum or forceps can cause a birth injury also. In these cases, a lawsuit will involve a medical malpractice claim against the physician and/or hospital in which the treatment or delivery took place.
Another common birth injury results during pregnancy when a woman has taken a prescription drug, under the guidance of her doctor or pharmacist. In this case, you may also have a right to legal compensation from the drug manufacturer and/or pharmacist who assisted you with your prescription.
When a baby is born it can be difficult to determine if a newborns injury was due to a birth injury or defect. One example is Cerebral Palsy, which is commonly an unpreventable birth defect. It can also be an avoidable birth injury if the child born was not given enough oxygen during labor.
Unfortunately, complications can arise during delivery and pregnancy which result in permanent injury to the baby. If harm was avoidable, it is important to protect the legal rights of the baby and parents.