Birth injuries are physical injuries that occur at or in connection with childbirth. These usually refer to injuries sustained by the infant during the child birth procedure. Trauma injuries result from some sort of contact or impact with the infant. In particular, birth trauma often involves some pressure placed on the infant’s skull, neck or other body parts. Common birth trauma injuries include:
The term “birth trauma” can sometimes be used interchangeably with “birth injury.” However, birth trauma tends to denote some sort of physical impact or pressure-related injury.
Some forms of birth trauma are due to natural causes and may not always lead to a medical malpractice claim. A common example of this is where the birth canal is too small, resulting in trauma to the child’s body during birth.
Medical malpractice requires some form of negligence or improper action on the part of the doctor, physician, nurse, or other medical personnel. Birth trauma malpractice may involve conduct such as:
In some cases, birth trauma malpractice can lead to serious injury to the child or to the delivering mother. These cases may involve some form of gross negligence or other related legal issues.
Birth trauma injury malpractice may lead to serious legal remedies. In many cases, these remedies consist of a damages award intended to reimburse the plaintiff party for the injuries and costs associated with them. The award may include money to cover additional hospital bills, medication costs, surgery costs, and other expenses. In cases of severe negligence, other damages may result, such as punitive damages.
Birth trauma injuries can often lead to long-term damage for the child and may also result in many other serious complications. You may need to hire a personal injury lawyer in your area if you need any legal assistance and guidance with a malpractice claim. Your attorney can provide you with legal research for your claim and can help you file with the court system as needed. Also, your lawyer can be one hand to represent you during court session.
Last Modified: 03-13-2017 10:54 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.