Doctors or other medical practitioners may be subject to a birth injury lawsuit if their actions or inaction may have caused the infant sustaining chronic injuries. While a birth injury lawsuit can be filed for a number of reasons, medical malpractice is one of the primary reasons doctors or other medical professionals could be hit with negligence claims.

Childbirth will ideally occur with minimal complications to the mother and child. But there is always a possibility of complications, making the presence of medical professionals vital for safe delivery.

However, if they do not take immediate action if they detect something wrong with the birth, or are not attentive enough to the mother, they could face a birth injury lawsuit down the line. According to the Center for Disease Control (CDC), six out of 1,000 infants are born with birth injuries each year.

It is important to note that some birth injuries may be unavoidable, such as when the mother’s pelvis is too small and the infant’s head is too large creating an oxygen shortage. Many other birth injuries are preventable, however. Common mistakes made during the birthing process that could result in injuries include but not limited to:

• Failing to properly address fetal state
• Failing to detect fetal distress
• Incorrect use of forceps
• Unnecessary excessive force
• Oxygen deprivation
• Insufficient follow up care after delivery
• Administration of unnecessary medications
• Incorrect dosage of medications
• Not addressing the mother’s concerns
• Failing to perform cesarean procedure when needed

There are a number of other complications that can result in birth injuries, which is why it is vital for medical professionals to take their responsibility to the parents and infant seriously.

While not every birth injury is result of medical malpractice, doctors can still face a birth injury lawsuit from the parents if they may not have conducted the delivery in a safe manner.

Overview of Birth Injuries from Medical Malpractice

Birth injuries can result in long term or even permanent complications for the infant, as well as long term medical bills for the parents. Some birth injuries occur due to improper use of different obstetrical tools including: forceps, vacuum extraction, or cesarean section procedures. Some of the most commonly reported birth injuries include:

• Cerebral Palsy
• Oxygen Deprivation
• Mental Retardation
• Erb’s Palsy
• Klumpke’s Palsy
• Brachial Plexus
• Retinopathy of Prematurity
• Spinal Cord Damage
• Fractured Bones
• Bacterial Infections
• Nerve Damage

It is important to note that some of these conditions could also be classified as birth defects, in which a follow up medical exam will be required to help determine where the injury originated.

Even though some of the injuries can resolve themselves, more severe birth injuries may leave the child permanently disabled and may put severe financial strain on the parents.

Parents filing a birth injury lawsuit will need to retain all paperwork and medical documentation, which may be relevant to their infant’s condition. Potential claimants wising to file a birth injury lawsuit should contact a lawyer to determine eligibility for legal action.