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Birth Injury Law


Cases that hold any negligent medical providers responsible for directly causing normally preventable childbirth-related injuries or deaths.
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What Is
Birth Injury Law?

Do You Need an Attorney Who Specializes in Representing Childbirth Injury Claims?

Many medical malpractice attorneys also specialize in birth injury law. These cases typically involve profound injuries or deaths that occur during the childbirth process. Negligence under birth injury law typically means a healthcare professional failed to adequately respond to a medical issue during childbirth. In most cases, that involves one or more of the following situations:

  • Insufficient treatment of mother or baby’s bleeding issues during childbirth.
  • Fetal distress due to lack of oxygen (also known as anoxia) that damages your baby’s brain. This can result in serious injuries that require lifelong medical care or even death.
  • Umbilical cord complications, which may include bleeding or oxygen deprivation issues for the baby.
  • Infections that occur in either the mother or baby during childbirth.
  • Injuries to mother or baby resulting from improper forceps use or a vacuum extractor.
  • Emergency cesarean section surgery, or unanticipated medical complications that occur during the procedure.

However, in some cases, birth injury law claims may involve injuries that result from negligent prenatal care by your provider. For example, if your OB/GYN fails to diagnose or identify any of the following medical issues during prenatal check-ups:

  • Serious maternal medical conditions, including diseases that can infect the child while in utero. Some examples include gestational diabetes, hypertension, preeclampsia, and cytomegalovirus (CMV).
  • Birth defects
  • Ectopic pregnancy
  • Placenta previa
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What Are Some Common Reasons Why Parents File Claims for Birth Injuries?

In general, attorneys who specialize in birth injury law accept cases from parents whose babies suffered otherwise-preventable injuries during childbirth. The most common birth injury claims among parents seeking justice and financial compensation include:

  • Cerebral Palsy
  • Erb’s Palsy
  • Brain damage due to stroke, oxygen deprivation, head trauma, or other injuries sustained during childbirth
  • Spinal cord injuries, which can occur with doctors or nurses pull your baby’s neck or back during the delivery process
  • Hematoma (i.e., blood build-up between the brain and skull), typically due to head trauma from excessive force during delivery
  • Kernicterus (i.e., a life-threatening condition due to severe jaundice)
  • Vacuum extraction injuries and/or complications (i.e., bleeding in your baby’s brain due to scalp damage)
Learn More About Birth Injuries

Recent
Articles

Infant Shudder Syndrome – Causes and Recovery
Infant Shudder Syndrome – Causes and Recovery
Your baby may exhibit symptoms of shivering throughout the upper-body after a difficult birth. Symptoms of shivering may be a sign of infant shudder syndrome, a condition that may be a precursor to more serious conditions like seizures and cerebral palsy. Shuddering attacks caused by infant shudder syndrome may occur multiple times, even more than...
Birth Injuries After A Forceps Delivery Scar
Birth Injuries After A Forceps Delivery Scar
The use of forceps delivery to assist in childbirth has lowered over the years in lieu of c-sections as new technology makes performing the procedure easier and with less risk. Forceps delivery can result in less injuries than a c-section if done correctly, but can result in birth injury to the baby and mother if...
4 Common Misconceptions About Birth Injury
4 Common Misconceptions About Birth Injury
Parents do everything possible to protect their children and keep them safe. They expect doctors and health-care workers to provide the same excellent care during labor and delivery. Unfortunately, different types of birth injury can occur. Sometimes after a birth injury, doctors tell parents there was nothing that could prevent the injury and that they...
How to Prove Medical Malpractice Resulted in a Birth Injury
How to Prove Medical Malpractice Resulted in a Birth Injury
A baby’s birth is one of the most exciting events in a parent’s life. All parents want the best for their children and would do anything to keep them safe and healthy. But what if their baby has a birth injury due to a doctor or healthcare worker’s medical negligence?  This post will discuss the...
Which Childbirth Injuries Do Most Parents File Claims For?
Which Childbirth Injuries Do Most Parents File Claims For?
If your child suffered a birth injury, you might wonder if it’s worth it to file a claim. That question can be a difficult one to answer for many reasons. There are financial, emotional, and practical considerations to address when it comes to childbirth injuries. The circumstances in your case are unique, even if your...
Birth Injury Statistics That Parents Should Know
Birth Injury Statistics That Parents Should Know
It’s much safer to give birth in the modern era than it was in the past. Childbirth complication rates at most hospitals in the U.S. are less than 1.5%. But that means it’s still not 100% safe, even at the best hospitals in the nation. In fact, according to a recent investigation conducted by USA...
Reasons Why Your Birth Injury Claim May Not Qualify
Reasons Why Your Birth Injury Claim May Not Qualify
You completed an online evaluation to see if your birth injury claim qualifies for legal assistance. However, based on the answers you gave LegalASAP, your birth injury claim doesn’t appear to qualify. Below are some reasons why our network of attorneys cannot assist your family at this time. 3 Reasons Why A Birth Injury Claim...
How Much Will a Birth Injury Lawyer Charge You?
How Much Will a Birth Injury Lawyer Charge You?
There are very few times in life where we are as vulnerable as when our children are born. If you or your child suffered an injury during a birth, you may be desperate for help. Birth injuries take both a physical and emotional toll. They also put financial stress on the family, in the form...
15 Questions to Ask Your Birth Injury Attorney
15 Questions to Ask Your Birth Injury Attorney
If you, your partner, or your child was injured during pregnancy or delivery, you may want to hire a lawyer to sue the hospital or doctor. A birth injury attorney is a personal injury litigator who specializes in seeking justice for this type of medical malpractice. The first step is meeting with an attorney to...
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