Birth Injury Lawsuit: Do You Have a Case?

Jacky Gale | May 21st, 2013 | Posted in Cerebral Palsy Lawsuit News

Hiring a Medical Malpractice Lawyer

Despite overall advances in healthcare, preventable birth injuries continue to affect entirely too many families. In 2006 alone, approximately 157,000 birth injuries occurred that could have been prevented.

The highest injury rates were seen with instrument use during vaginal births, but birth injuries can occur from a wide range of causes. If your child was injured during labor or childbirth, you could be eligible to file a birth injury lawsuit. Many types of birth injuries can occur due to medical malpractice or negligence.

Birth injuries that may affect your child

Some children are affected by bone fractures, which can occur when the child is in a breech position or when forceps, vacuums, and other instruments are needed in the delivery. Fractures can occur to the clavicle, skull, and limbs. The healthcare professionals may be at fault if excessive force was used in delivering the child with these instruments.

Brain damage is another common injury that could provide the basis to file a birth injury lawsuit. Brain damage is often the result of oxygen deprivation; when the child’s brain is deprived of oxygen, problems like hearing loss, seizures, impaired vision, loss of motor function, and developmental delays can occur. Brain damage is often a permanent condition that requires a great deal of ongoing care. If your child was born with brain damage, the healthcare professionals could be liable for failure to recognize the signs of fetal distress, and for failure to act promptly and appropriately.

Many other types of birth injuries can affect children, including:

Proving medical malpractice

If your child was born with these injuries or other issues, you could have grounds to file a lawsuit. Birth injury lawyers can help you prove liability. In order to prove that a healthcare professional was liable for your child’s birth injury, you must have proof of a doctor-patient relationship with that professional, such as medical records. You must also prove that the doctor or other healthcare professional acted in a way that was inconsistent with generally accepted hospital protocols, and that this negligence caused your child’s birth injury.

For example, a doctor can be found to be negligent if he did not properly monitor you and your unborn child throughout the pregnancy and/or the labor, or if he delayed the performance of a Cesarean section despite clear signs of fetal distress. Other examples of negligence might include errors in administering medications and the inaccurate use of medical equipment.

Consulting birth injury lawyers

A lawyer who is experienced with birth injury cases can help you prove medical malpractice or negligence. When you meet with your lawyer, you can expect to answer numerous questions regarding your medical care during your pregnancy and the labor. Expect to discuss your child’s birth injury and the impact it has had on your family. The birth injury lawyer will evaluate many aspects of your case, such as whether your child’s injuries are expected to be permanent, whether ongoing care is required, and whether a causal relationship between the injury and an incompetent act can be proven. Bring all relevant documents to the consultation, including copies of your medical records and documentation of expenses related to the birth injury.

Contact the experienced legal team at Balkin & Eisbrouch to learn more about filing a birth injury lawsuit. You may be able to obtain compensatory damages to cover past and future medical expenses, rehabilitation costs, and other relevant fees for your child’s care. Schedule your free consultation today to learn more about your legal rights. We never charge a fee unless we win your case.


  1. Healthcare Cost and Utilization Project, Potentially Avoidable Injuries to Mothers and Newborns During Childbirth, http://www.hcup-us.ahrq.gov/reports/statbriefs/sb74.jsp