There are a number of risks involved in childbirth, including labor and delivery complications that lead to injuries such as cerebral palsy and Erbs palsy. Birth defects differ from birth injuries in that they are not caused by the birthing process itself. For instance, genetics or chemical agents may cause defects in developing fetuses that are not evident until the child is born.
Generally, birth injuries are more likely to be the result of medical malpractice than birth defects, although negligent prenatal care could lead to birth defects. For instance, a prescribing doctor who fails to warn a patient about potential side effects of a drug that could harm a developing fetus may be held liable for any injuries the medication causes. But pharmaceutical companies may also be liable if the drugs were inadequately tested or dangerous side effects were ignored.
Cerebral palsy, meanwhile, typically results from a lack of oxygen to the baby's brain during the birthing process. Erbs palsy is caused by an injury to the nerves surround the baby's shoulder, which affects movement of the arm.
As with other personal injury cases, your attorney will help you determine which parties are responsible in a birth injury case. Hospitals are often held liable for these injuries, along with any physicians or other hospital staff that is found to be liable. See FindLaw's Birth Injury and Medical Malpractice Liability sections to learn more.
But aside from legal resources, there are a number of government agencies and non-governmental organizations that provide educational materials, advocacy, and other assistance to parents concerned about birth injuries. Many of the resources below also cover pregnancy and birth in general.
Please contact us if you have suggestions for additional birth injury resources.
If you have additional questions or require legal representation for a birth injury claim, contact a specialized birth injury attorney in your area.
Contact a qualified medical malpractice attorney to make sure your rights are protected.