Birth Injury Lawsuits: What They Are and How They Work

The birth of your child should be a happy time. Unfortunately, for many parents, childbirth can be memorable for another reason: birth injury. Seven out of every 1,000 births in the United States result in birth injuries. Often, birth injuries are the result of medical malpractice. If your child suffered a birth injury, The Moore Law Firm can help you understand your rights and defend you through legal action. 

What is a Birth Injury Lawsuit?

A birth injury lawsuit is a suit seeking compensation for a physical injury inflicted on an infant while the mother is in labor or giving birth. These are typically preventable accidents due to the malpractice of the medical professional assisting with the birth. Birth injuries can be caused by mistakes made during delivery, such as: pulling or twisting in a way that causes injury, or misusing tools like forceps. They can also be caused by negligence on the part of the professional, such as failure to monitor the infant or failure to perform a C-section when necessary.

These injuries can have lasting effects on the child, leading to further medical expenses. Parents can sue for compensation for these expenses before the child turns 18. After the child turns 18, the child may be able to sue for compensation for medical expenses and lost wages, as well as pain and suffering. 

Types of Birth Injury Claims

As you might expect, birth injury lawsuit claims can come in many different forms. They all go back to a preventable birth injury caused by the negligence of a medical professional. Some common claims include:

Fetal Distress

Fetal distress occurs when the fetus does not receive enough oxygen through the placenta. It is part of your medical professional’s job to monitor the health of the fetus during childbirth, including oxygen levels and heart rate. Sometimes oxytocin is used to induce contractions for mothers during a difficult labor, but if contractions become too strong or too close together, it can cause fetal distress. If oxytocin was wrongfully administered or was not stopped quickly enough inducing fetal distress, you may have a birth injury claim. 

Cerebral Palsy

Cerebral palsy is not always the result of a birth injury, but can be caused by oxygen deprivation or brain trauma to the infant during childbirth. It can lead to physical health and cognitive issues through the entire life of the child. After determining that cerebral palsy was caused by an injury to the developing brain of your child due to medical negligence, you may file a brain injury lawsuit against the doctor.

Nerve Damage

Other birth injury lawsuits are caused by nerve damage to the child in delivery. Nerve damage can be caused by pulling at the infant during delivery or misusing delivery tools. These can have disastrous effects, such as resulting in permanent paralysis for the child. This is a common type of birth injury and thus a common cause of birth injury lawsuits.

Fair Compensation in a Preventable Birth Injury Legal Claim 

Sometimes birth injuries are unavoidable. Despite the doctor’s best efforts and attentiveness, the position of the baby or complications in birth can lead to a birth injury. It’s important in any birth injury lawsuit to establish that the injury was preventable and caused by negligence and/or medical malpractice.

In the event that it was the fault of the medical professional assisting with the birth, however, you are entitled to fair compensation. This applies both to parents of the child who was injured at birth, and the child once they come of age. Birth injuries can have impacts that last for the rest of the child’s life. Fair compensation can help to make you or your child’s life more manageable in the midst of resulting disabilities.

Medical Expenses

The main compensation sought by parents of children injured at birth—or by the injured themselves—is for that of medical expenses. Birth injuries typically lead to long-term medical issues, which mean hefty medical bills for years. This could also mean corrective surgery, therapy, medication, and more. 

In some cases, frequent medical procedures could last the rest of the child's life. Because the injury that caused their health complications was preventable, it falls to the party responsible for the injury to compensate you for those medical costs. 

A birth injury lawsuit can also potentially make it easier to deal with insurance companies when it comes to receiving the treatment or physical therapy you or your child needs. 

Non-economic Damages, Including Emotional Distress

There are other economic damages besides medical expenses, such as loss of wages, due to the birth injury. However, parents and the child injured at birth may be entitled to financial compensation for non-economic damages, as well. Birth injuries cause significant emotional distress to the parents as well as the child who has to live with them. When that injury leads to lifelong health complications, it can result in severe pain and suffering for the child. 

If you suffered a birth injury as a child, non-economic damages may be one of the bases of your lawsuit when you come of age. Living with the consequences of a birth injury can be devastating and may deprive you of activities and experience you may have been able to enjoy otherwise.

Find a Birth Injury Attorney for Your Medical Malpractice Lawsuit

Every parent wants the birth of their child to be a wonderful day, not one marred by stress and tragedy. Medical professionals are meant to ensure the safety of both mother and child throughout the birth process. To fail to do so because of negligence or carelessness is medical malpractice. 

If you need an experienced, caring birth injury lawyer to represent your case, the answer is The Moore Law Firm. We will fight for your rights and ensure that you get the compensation you deserve, whether it’s the cost of medical bills, lost wages, or compensation for the emotional pain that has come as a result of the injury. Contact us today to learn more or to schedule a free consultation.