Birth injuries are injuries affecting the mother or the baby that are caused by complications during pregnancy and birth. They may permanently harm the baby or the mother. If these injuries were caused by the negligence or actions of a medical professional or if the harm was avoidable, there may be legal recourse for the injured parties.
A common cause of birth injuries is a doctor’s failure to assess or respond to complications or disorders during the pregnancy or birthing process. Another common cause of a birth injury occurs when the woman is given a prescription drug that ultimately harms the baby or adversely affects the pregnancy. It is important to note that a birth injury is different than a birth defect, which is not caused by medical professionals.
What Kinds of Birth Injuries Are There?
There are many possible birth injuries. The most common birth injuries include:
- Head injuries
- Damage caused by lack of oxygen
- Cerebral palsy
- Erbs palsy
- Down Syndrome
What Are the Elements of a Birth Injury Claim?
In order to recover for a birth injury, the injured party must show:
- The medical professional owed a duty of care to the mother or child;
- The medical professional failed to act reasonably or exercise due caution while treating the mother or child;
- This failure caused an injury to the child or mother; and
- The injury resulted in damages.
These elements may be proven through expert witness testimony, publishedmedical studies, and res ipsa loquitor, which is a fancy term meaning that the injury would not have happened at all if someone had not been had been negligent.
How Can a Lawyer Help?
A personal injury attorney can help you recover your medical expenses, and possibly for your physical pain and suffering. If you or your child has suffered a birth injury, contact a personal injury attorney to learn about your legal rights. Remember that there are deadlines for bringing personal injury claims, so do not wait until it is too late.