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Birth Trauma Malpractice

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What Are Birth Trauma Injuries?

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:

  • Head/brain injury, as the baby’s head is soft and susceptible to injury
  • Broken bones or nerve injury
  • Skin/soft tissue injury or bruising
  • Bleeding or loss of blood
  • Asphyxia, which happens when there is too little blood flow or oxygen flow to the infant
  • Infection

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.

What Is Birth Trauma Injury Malpractice?

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:

  • Improper handling of the infant
  • Negligence regarding administering of drugs or medicines
  • Negligence in handling medical or surgical equipment such as the misuse of pincers
  • Failure to diagnose or detect dangerous conditions
  • General disregard of proper medical care standards

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.

Are There Any Legal Remedies for Birth Injury Malpractice?

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.

Should I Hire a Lawyer to Help Me with a Birth Trauma Malpractice Claim?

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.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 03-13-2017 10:54 AM PDT

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