Key Takeaways:
- Statistics: Birth injuries affect 6–8 per 1,000 live births and can have lifelong consequences for babies and mothers.
- What Is a Birth Injury?: Injuries include cerebral palsy, Erb’s palsy, fractures, oxygen deprivation, nerve damage, and maternal injuries from negligent delivery.
- Maternal Injuries: Traumatic births can cause uterine rupture, severe tearing, organ damage, infections, or anesthesia complications.
- Medical Malpractice: Birth injuries may be malpractice if healthcare providers fail to meet the standard of care, such as not monitoring fetal distress, delaying C-sections, or misusing delivery tools.
- Liability: Obstetricians, nurses, anesthesiologists, hospitals, or other staff may be responsible, and multiple parties can share liability.
The birth of a child is a joyful and life-changing experience. Unfortunately, for some families, it becomes a traumatic event due to preventable medical errors during labor and delivery. On average, 6-8 injuries occur per 1000 live births. These incidents can result in birth injuries, some of which have lifelong consequences for both the baby and the mother.
What Is a Birth Injury?
A birth injury refers to any physical or neurological damage sustained by a baby or the mother during labor, delivery, or immediately after birth. Some of these injuries can be mild or temporary, but others can be severe and have permanent consequences.
Common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Fractured bones or skull
- Oxygen deprivation
- Brain hemorrhage
- Nerve damage
- Facial paralysis
- Maternal injuries due to negligent delivery techniques
These injuries are often a result of medical negligence or failure to properly monitor and respond during labor and childbirth.
Traumatic Births and Maternal Injuries
While most focus is placed on the newborn, mothers can also suffer severe harm due to traumatic births. In some cases, birth injury to the mother may result in life-altering outcomes such as:
- Uterine rupture
- Severe perineal tearing
- Organ damage from surgical errors
- Infections from unsanitary procedures
- Complications from anesthesia
Compensation for birth injury to the mother may be pursued if negligence can be shown.
When is a Birth Injury a Case of Medical Malpractice?
Not all birth complications are preventable, but when doctors, nurses, or other medical professionals fail to provide an accepted standard of care, it may qualify as medical malpractice. This is the basis for many birth injury compensation claims.
Examples of medical negligence include:
- Failure to monitor fetal distress
- Delayed C-section when urgently needed
- Improper use of forceps or vacuum extractors
- Failure to diagnose or treat maternal infections
- Mismanagement of high-risk pregnancies
If your child’s condition could have been avoided with proper care, you may be wondering- Can you sue for a birth injury? The answer is yes, if negligence can be proven.
Who Can Be Held Liable for a Birth Injury?
Liability in a birth injury claim depends on who was responsible for the negligent act. Possible defendants include:
- Obstetricians or delivery doctors
- Labor and delivery nurses
- Anesthesiologists
- Hospitals or birthing centers
- Medical staff who failed to act appropriately
In some cases, more than one party may share responsibility. For example, a hospital may be liable for the actions of the employees or for failing to ensure safe staffing during childbirth.
What is the Average Birth Injury Settlement?
You may be wondering about the average birth injury settlement. While every case is unique, these types of claims can usually result in substantial compensation for families, especially if they involve permanent disability or long-term care needs.
Factors that influence settlement value include:
- Severity of injury
- Level of medical negligence involved
- Long-term financial needs of the child or mother
Compensation in Birth Injury Cases
A successful birth injury lawsuit can help families recover the financial support they need to care for a child or mother affected by medical negligence. Birth injury compensation can include anything from past and future medical expenses to long-term care or rehab costs to special education needs. The goal of compensation is to ensure families get justice for any emotional, mental, physical, or financial damage caused to them.
Birth injuries contribute to 20% of the 20,0000 infant deaths in the United States each year. If a birth injury results in a fatal scenario, families may also be entitled to wrongful death damages.
If you suspect that a medical error caused a birth injury to the mother or newborn, speaking to an experienced birth injury attorney as soon as possible can be impactful to the case.
You typically have a limited window to file a lawsuit, depending on the state’s statute of limitations. An attorney can guide you through how to file a birth injury claim and investigate the case on your behalf.
Learn More: Can I Sue a Hospital for Negligence?
Trust DM Injury Law in Times of Crisis
A birth injury can have profound consequences not only for the newborn child but for the entire family. While no amount of money can undo the harm, a successful birth injury lawsuit can ease the financial burden and hold responsible parties accountable.
You’re not alone. DM Injury Law’s team of experienced legal experts is here to answer your questions and support you every step of the way. Contact our team today for a free consultation and explore your options for justice and compensation.