A birth injury refers to any damage that was sustained to an infant during the process of childbirth. At times, these injuries could have been prevented, due to the fact that many occur at the hands of a negligent healthcare professional.
What is a Birth Injury?
A birth injury is a type of injury that is sustained by an infant, including nerve damage, physical injury, brain injury, and some other form of medical condition that occurs before, during, or right after the birthing process.
There are several most common causes of birth injuries. These include, without limitation, the following:
- Untreated maternal illness such as preeclampsia, eclampsia, and gestational diabetes;
- Physical trauma during the birthing process, such as pulling too forcefully on a baby as it is being born;
- The misuse of vacuum extractors and forceps;
- Failure to perform a Cesarean section when the circumstances clearly warrant such a procedure; and
- A condition of the baby that went undiagnosed and untreated.
Proving Negligence in a Birth Injury Case
If you believe that your child’s birth injury was due to an error on the part of the medical professional who you trusted to care for you and your child, you may be able to establish that he or she was negligent. There are three main factors that must be shown when attempting to prove negligence in a birthing injury case, which include the following:
- The healthcare professional had a duty to care for you and your child;
- The healthcare professional made an error, which could be due to asserting too much force during the birthing process or failing to perform a Cesarean section when it was obvious that one was needed; and
- Establishing that the error caused your child’s care and without such an effort, your child would not have sustained injuries.
CONTACT PARKER WAICHMAN LLP FOR A FREE BIRTH INJURY CASE REVIEW
Parker Waichman LLP advocates on behalf of injured newborns and their families to secure the compensation they deserve for birth injuries caused by medical negligence. Trust your legal claim to our experienced birth injury attorneys. If you have, or your baby has suffered harm because of medical malpractice, contact our law firm today for a free consultation by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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