What makes a Birth Injury Case different?

Birth injury lawsuits arise when babies are injured during birth or before birth by the careless or intentional acts of a doctor, nurse, hospital, or other healthcare provider.

When these actions cause an injury to a baby (but the actions do not rise to the level of a crime), they are said to be a “tort,” or civil wrong, which can provide the basis for a lawsuit.

When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. For a young child this can include future and past medical expenses, pain and suffering, disability and disfigurement, loss of a normal life and loss of future earnings depending on the type of injury the child suffered.

How do I know if negligence is a possible cause of my child’s injuries?

  • Birth injury as the result of negligence often occurs in the following circumstances:
  • Not recognizing or properly responding to fetal distress`
  • Allowing the pregnancy to go beyond 41 weeks without proper testing, or 42 weeks in any event`
  • Failing to act on changes in the mother’s condition during pregnancy `
  • Causing or failing to respond to the umbilical cord being entrapped or compressed`
  • Misuse of a vacuum extractor or forceps`
  • Misuse of the labor-stimulating drug Pitocin (Oxytocin)`
  • Delay in ordering or performing a C-section`
  • Poor resuscitation and newborn care after birth