Birth injury malpractice is a specific type of medical malpractice focused on negligent actions (or inaction) that harm a baby or mother during pregnancy, labor, delivery, or shortly after birth. Not every injury during childbirth is the result of medical negligence. However, some injuries arise because healthcare providers failed to meet the accepted standard of care.
A birth injury is distinct from a birth defect. A birth injury is typically caused by physical trauma or oxygen deprivation during the labor and delivery process.
Birth injury malpractice occurs when a doctor, nurse, or hospital fails to provide the appropriate care in those critical moments and causes injury to the child.
In contrast, a birth defect is usually due to genetic or environmental factors that develop during pregnancy and may not be preventable.
Common Examples of Birth Injury Malpractice
Not all birth injuries are malpractice, but several common scenarios may point to negligence:
Failure to Monitor or Respond to Fetal Distress
Medical staff must monitor a baby’s vital signs during labor. If they ignore or fail to respond to signs of oxygen deprivation (hypoxia), the baby can suffer permanent brain damage.
Improper Use of Delivery Tools
Forceps or vacuum extractors are sometimes necessary for delivery, but improper use of these tools can cause skull fractures, nerve damage, or internal bleeding.
Delayed C-Section
If the baby is in distress, a timely cesarean section may be necessary for the safety of the mother and child. A delay in ordering or performing a C-section (despite clear signs of complications) may constitute malpractice.
Medication Errors
Administering the wrong medication or dosage during labor can overstimulate contractions and lead to uterine rupture or oxygen deprivation.
Failure to Diagnose Maternal Conditions
Conditions like gestational diabetes, preeclampsia, or infections need to be identified and treated promptly. Failure to do so may increase the risk of birth injuries.
Proving Malpractice in a Birth Injury Case
To succeed in a birth injury malpractice lawsuit, the plaintiff must prove four legal elements:
- Duty of Care – The healthcare provider had a legal duty to care for the mother and baby, usually a doctor-patient relationship, etc.
- Breach of Duty – The provider failed to meet the standard of care that a reasonably competent provider would have offered.
- Causation – The breach directly caused the birth injury.
- Damages – The injury resulted in measurable harm.
Generally, expert testimony is needed to establish whether a medical provider failed to adhere to the proper standard of care. A successful malpractice claim can help recover damages for medical costs, lost earning capacity, pain and suffering, and future losses your child may experience.
Contact an Experienced Birth Injury Lawyer for Help
If your child suffered a preventable birth injury, you may have a malpractice claim against the at-fault parties. An experienced birth injury lawyer can help you evaluate whether your child’s condition constitutes malpractice and what damages you can recover.
Contact us today to schedule a confidential consultation to learn more about your rights and legal options.