Birth Injury - Overview
The birth of a child is often the most joyous time in a parent's life, and thankfully most child deliveries go as smoothly as expected, with any difficulties successfully overcome. Unfortunately, complications can arise during both pregnancy and delivery and these problems may result in temporary or permanent injury to the baby. In situations such as these where the harm was avoidable, it is important that the legal rights of both baby and parent are fully safeguarded.
The facts of cases involving birth injuries to a baby can differ greatly depending on individual circumstances, but most situations can be boiled down to one of two general scenarios. Both types of cases will be discussed in this overview.
The first common case involves a doctor/obstetrician's failure to correctly assess or respond to conditions, disorders, and complications during a woman's pregnancy or delivery. For example, this type of case can include a doctor/obstetrician's failure to recognize pregnancy disorders like hypertension; improper use of medical devices such as forceps or vacuum; failure to perform a necessary caesarian section; or improper assessment of a baby's overall health in the womb. A lawsuit arising from these types of situations will usually include a medical malpractice claim against the physicians and other medical practitioners involved, and in some cases a claim against the hospital where the treatment or delivery took place.
The second typical fact situation occurs when, during pregnancy a woman has taken a prescription drug, under the guidance and supervision of a doctor or pharmacist. In such a situation, you may also have a right to legal compensation from the drug manufacturer or pharmaceutical company, and from the pharmacist who assisted you with your prescription.
Birth Injury Or Birth Defect?
When a baby is born, it can be difficult at first to know if certain complications were caused by a birth injury, or were the result of a birth defect. For example, a child born with cerebral palsy may not have been given enough oxygen during labor (making the condition an avoidable birth injury), or the situation may have been caused by an unpreventable birth defect. To help differentiate between the two, an examination of each will be helpful.
Birth Injuries
A birth injury to a baby occurs due to a complication in the labor or delivery process. It has been estimated that, for every 1000 babies born in the U.S., five will be injured during birth. A birth injury can happen because of an obstetrician's use of an improper medical technique during delivery, or through improper use of a medical device such as forceps or a vacuum. Resulting harm to the baby can vary from a lack of oxygen to severe head injuries.
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