Birth Injury Medical Malpractice
Birth injury medical malpractice is the result of negligent or careless behavior on the part of a medical professional. Mistakes that occurred before, during, or after labor may have caused long-term injuries to you or your child. If your family has been affected by a birth injury, call the Birth Injury Center to find out how you can receive compensation to cover medical expenses related to your injuries.
- Last Updated Date: October 25, 2023
When it comes to childbirth, even seemingly small mistakes can have grave consequences for a mother or infant. Doctors, nurses, and other members of the medical team have a duty to provide quality care before, during, and after labor. If your treatment didn’t meet the standard of care, you may have a case for birth injury medical malpractice.
You might have known from the beginning that something went wrong during your pregnancy or labor. In other cases, mistakes don’t become apparent until a child shows signs of delayed development. Treatments for birth injuries caused by medical malpractice are costly and place serious financial burdens on families. The Birth Injury Center can assist you by filing a medical malpractice claim to help you recover the compensation you deserve.
What is medical malpractice related to birth injuries?
Medical malpractice occurs when a medical professional fails to meet the standard of care that exists within the medical community. It can happen when a healthcare provider doesn’t take necessary action, acts recklessly, or is otherwise negligent while caring for a patient.
Birth injury medical malpractice falls under the umbrella of personal injury law. Although not all complications at birth are the result of medical malpractice or negligence, many are preventable. In order to claim birth injury medical malpractice, you must prove the following:
- The medical provider owed a duty of care
- The provider failed to meet that duty of care
- That failure caused an injury
- The injuries resulted in damages
Birth Injury Medical Malpractice Statute of Limitations
The deadline for filing a birth injury lawsuit varies from state-to-state. For instance, many states have a two-year statute of limitations [link to Lawsuit State of Limitations when it’s ready] from the time the injury occurred or the plaintiff became aware of the injury for filing a personal injury lawsuit. It is critical to consult with a skilled birth injury lawyer as soon as you suspect a birth injury to ensure you meet the deadline in your jurisdiction.
Birth Injury Medical Malpractice Compensation
Medical malpractice laws attempt to compensate families for expenses resulting from a healthcare professional’s negligence. In some cases, an infant may require costly care — this can be hundreds of thousands of dollars over their lifetime.
Insurance companies and courts take the injuries and age of the injured party into account when calculating settlements, and younger plaintiffs typically receive larger settlement amounts.
Keep in mind that medical malpractice laws vary from one state or jurisdiction to another. A Birth Injury Center attorney can help you know your rights and file a claim.
What is the average settlement amount for an infant?
According to the TDC Group, which bills itself as nation’s largest physician-owned medical malpractice insurer, the median settlement amount in a medical malpractice case involving an infant who is less than one month old is nearly $1 million.
If you or your child has suffered a birth injury that resulted in out-of-control medical bills, you need the experienced guidance of a birth injury lawyer at the Birth Injury Center. You may be eligible to file a birth injury lawsuit and recover compensation to help pay for the treatment and therapy you or your child requires.
Medical Negligence That Results in Birth Injuries
Birth injury medical negligence can occur during your pregnancy, during labor, or after your child’s birth. Familiarize yourself with the potential issues and forms of malpractice you may have experienced, and get in touch with the Birth Injury Center to discuss your options.
During Pregnancy
Medical negligence during pregnancy may involve a provider failing to diagnose or treat fetal conditions or complications related to the mother. Left untreated, these conditions place the mother and infant at increased risk of certain health complications during labor:
- Pre-eclampsia
- Gestational diabetes
- Maternal infections
- Obesity
During Labor
Medical malpractice during labor may include the following:
- Failure to detect fetal distress or monitor an infant’s heart rate during labor
- Failure to prevent or treat maternal tearing or bleeding, resulting in nerve damage or hemorrhaging
- Failure to perform a timely C-section
- Improper use of forceps or vacuum during delivery
- Excessive pulling or twisting of an infant’s head or neck during delivery
After Childbirth
Birth injuries following labor may be the result of the following:
- Missed diagnosis of infant jaundice
- Failure to monitor an infant’s vital signs
- Failure to treat maternal uterine tears or ruptures
- Maternal death or stillborn birth
Types of Birth Injuries That Can Result From Medical Negligence
There are various medical issues that a mother or infant may experience due to medical negligence.
Birth Injuries to the Infant
Infant brain damage is one of the most common complications of birth-related malpractice and is often irreversible. It occurs when a baby is deprived of oxygen—typically after being stuck in the birth canal for too long—or because of a failed vacuum or forceps delivery that injured the skull and brain.
Brain damage that occurs at birth may not become apparent until it begins to affect a child’s physical, neurological, behavioral, or cognitive development.
Other injuries that can occur to an infant before, during, or after birth include:
- Hypoxic-ischaemic encephalopathy
- Cerebral palsy
- Intrauterine fetal demise
- Intraventricular hemorrhage
- Kernicterus (as a result of uncontrolled jaundice)
- Cephalohematoma
- Periventricular leukomalacia
- Skull fractures
- Spinal cord injuries
- Erb’s palsy (damage to the brachial plexus nerves)
- Stillbirth
Birth Injuries to the Mother
Women who suffer birth injuries due to medical negligence are at higher risk for post-traumatic stress disorder, depression, and anxiety. Some injuries that commonly occur to mothers due to medical malpractice include the following:
- Postpartum hemorrhage
- Incontinence
- Vaginal tears
- Abnormal blood pressure
- Uterine tears
- Chronic pain
- Maternal death
Symptoms of Birth Injuries
Many families don’t know that their child suffered an injury at birth until the child begins to miss important developmental milestones or fails to keep pace with same-age peers. Your child may have experienced a birth-related injury if they exhibit developmental delays or conditions such as the following:
- Not sitting, crawling, standing, walking, or running at the same stage as your child’s peers
- Delayed speech or communication skills
- Not smiling or interacting with others
- Failing to respond to lights and sounds
- Attention deficit disorder
- Intellectual disabilities
- Autism
- Vision or hearing impairments
You deserve to know the truth about your child’s condition and whether medical professionals made mistakes that contributed to it. The Birth Injury Center’s experienced team can review your medical records for signs that a birth injury may have occurred before, during, or following labor and delivery.
If there are signs that your child’s condition may have been caused by a health care provider’s negligence, we will help you fight for the compensation you deserve. It’s important to get started right away. Delaying may result in evidence being destroyed or lost over time, and you must file your claim before the statute of limitations takes effect.
How can Birth Injury Center help?
We founded the Birth Injury Center to support parents as they advocate for their children. Our team consists of birth injury lawyers, health care providers, and family members of those affected by birth injuries.
We have an in-depth understanding of birth injuries and the needs of families who are navigating the medical, emotional, and financial needs associated with them. Hospitals, medical facilities, and insurance companies are skilled at shutting down birth injury complaints, but we’re here to advocate for you.
The Birth Injury Center educates families on the signs and symptoms of birth injuries and how to file for legal compensation. We can provide answers to any questions you may have and guide you in the next steps on your family’s journey. Contact the Birth Injury Center if you think your child was injured as a result of medical negligence.
We can’t restore your health or reverse the physical damage that’s been done, but we can ease the financial burden you’re feeling and help you find peace of mind that your child’s needs will be met.
Written by:
Birth Injury Center Team
The Birth Injury Center aims to create informational web content and guides to help women and their families seeking support and guidance for birth injuries caused by medical negligence. All of the content published across The Birth Injury Center website has been thoroughly investigated and approved by medical expert Natalie Speer, RNC-OB, Attorney Ryan Mahoney, and Attorney Rick Meadows.
