What Are Birth Injuries and Are They Caused by Medical Negligence?


You trust your physician. You believe that they have the knowledge, training, and expertise to advise you well and carry out the treatment that you require. An obstetrician is a physician you turn to when you are pregnant. Obstetrics is the field of medicine concerned with childbirth. The people who enter the profession must go through years of schooling and practice before they are allowed to have patients of their own.

This should be a guarantee against mishaps that can injure you or your baby. Unfortunately, this is not always the case. If your baby was injured at birth owing to the negligence or incompetence of your physician, you should be entitled to compensation for the physical and emotional pain you have suffered. A seasoned medical malpractice attorney can help you a lawsuit for such negligence.

Common Birth Injuries

A birth injury consists of any injury suffered by a baby during the process of birth. There is a difference between a birth injury and a birth defect. The latter is the result of a genetic or some other form of a natural condition. Birth defects may be spotted early, but in most cases cannot be reversed. A birth injury is the traumatic harming of a newborn child due to an action or inaction caused by a medical professional.

Some of the common types of birth injuries that we hear of include:

  • Brain injury
  • Brachial plexus injuries
  • Paralysis
  • Excessive bleeding
  • Infections
  • Bleeding beneath the scalp
  • Bleeding inside the skull
  • Bruising from forceps
  • Skull fractures
  • Clavicle fractures
  • Cranial nerve trauma
  • Hypoxia
  • Spinal cord damage
  • Facial paralysis
  • Skin irritation
  • Soft tissue injuries
  • Stillbirth

When Is Your Doctor Liable?

Childbirth can be a difficult process for a mother and child. A great deal of its success depends on a doctor ensuring that the proper action is taken to prevent injuries to either. However, the skill, insight, and competence of the person charged with monitoring the pregnancy and delivering the baby can, unfortunately, fail at times.

Medical malpractice can lead to the injury of your baby. In the field of obstetrics, medical malpractice can consist of any one or combination of the following:

  • Failure to follow correct protocols and procedures
  • Failure to properly monitor and record the baby’s heart rate
  • Failure to spot signs that a baby is in distress while in the womb and during the birth
  • Failure to deal promptly with complications during delivery
  • Failure to request specialist help when needed
  • Failure to listen and take seriously the complaints of an expectant mother

A physician who takes the easy path forward, who misses clear indications of a problem, who fails to communicate with their own team, or who refuses to seek other expert advice when they need it can cause a great deal of harm to your baby. Such people should be held accountable for the damage that they do.

Why You Need a Medical Malpractice Attorney

Once the hospital realizes that a baby has been injured, the hospital will most likely immediately launch an investigation. You may be approached with a settlement offer. You should accept nothing until you have consulted with a medical malpractice attorney who can inform you of what your rights are moving forward.

If your baby has suffered a birth injury, they may require either immediate or later on medical treatment. They may need to be kept in the hospital to be treated for it. Such an extended stay will cost money, and so the compensation offered to you should be enough to offset these expenses, in addition to the pain and suffering that both you and your child will have to endure.

The amount of money you should expect depends on the extent of the injury. An injury that will have no long-term effects after it is treated differs considerably from one that will be with your child well into their adulthood. The latter type of injury requires a large settlement. Your lawyer will consider all factors and help you determine what amount of compensation you are entitled to that will help you meet the needs of your child as they grow up. If such money is not forthcoming, then you and your attorney may go to court to obtain this amount.

What Your Attorney Will Do For You

To get a settlement that is just, your personal injury attorney will need to prove that the birth injury and its effects owe directly to medical malpractice. A highly-skilled and experienced attorney will know how to get this result.

Your lawyer will enlist the authority of medical experts who can explain the link between the injuries suffered by your baby and the actions taken by the person in charge of the delivery. Your lawyer will also speak to the support staff who witnessed the delivery. They will be able to speak to the appropriateness of the physician who delivered. Your lawyer will undertake a range of inquiries and investigations. They will gather enough evidence to pressure the respondent into giving you the money you deserve.

Doctors and medical professionals should be held liable for injuries that were caused directly by their actions or lack thereof. If you believe you or your child was injured due to medical malpractice, do not hesitate to contact the compassionate Cincinnati attorneys at The Moore Law Firm. We will fight for your family’s right to compensation so you can begin to heal.

Contact our firm at (513) 232-2000 for a free case evaluation.

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If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.