• Personal Injury
• Types of Accidents & Injuries
• Personal Injury Lawyers
• Personal Injury Law
• Personal Injury Claims
• Injury Blog
• Injury Forum

In order to prove medical malpractice in your case you must prove the following:

1. Breach of the standard of care - Did the doctor make a mistake that a reasonable doctor under the same circumstances would not have made? To prove this you may need the testimony of another doctor or good expert witness.
2. Causation - Did the mistake the doctor made cause injury to your infant? This means you have to prove that if the doctor had not made the mistake then your baby would not have been injured.
3. Damages - What was the severity of the injury to your infant? This could include medical bills, pain and suffering, continued medical care or death.

Negligent Childbirth Acts

Fortunately, most injuries during childbirth are not due to a negligent act and they will heal on their own. There are, however, types of birth injuries and brain injuries (due to a lack of oxygen) that are caused by negligence on the part of the nurse or doctor. These injuries can be very serious and lead to a lifetime of costly medical bills and sustained care. These injuries could include infections, spinal cord injury, bone fractures and nerve damage.

Cerebral Palsy is also a serious brain injury that may occur during childbirth. It affects muscle movement. There is some question about the possible causes of Cerebral Palsy but some of the causes might include: infection, lack of oxygen, or bleeding in the brain. Another condition is called Erb's Palsy. It is caused by damaging the nerves in the baby's shoulder. Erb's Palsy could occur if the baby's shoulder is stuck against the mother's pubic bone and forceps are used to pull the baby out. The nerve damage could heal, but there might be permanent nerve damage and lost function in the muscle in the rotator cuff.

It is important for you to understand the differences of possible negligence and common occurences, as we have highlighted below.

Technological advancements in delivery and other pre-natal care have reduced the occurrence of infant deaths to around 1% in modernized countries. Obstetricians today often recognize birth trauma risk factors prior to delivery with the use of ultrasonography. As a result, birth injuries now account for fewer than 2% of neonatal deaths and stillbirths in the United States.

Thankfully, babies are built to handle the stressful task of delivery. They have a soft skull and flexible bones to help move down the birth canal. Most births are injury free and if an injury does occur it generally heals quickly.

Even with careful consideration prior to birth, however, medical errors may occur during delivery and your baby may be impaired for life. Increased risk factors for birth injury or trauma may include birthing a large infant, experiencing a breech delivery, or incorrectly using an instrument such as forceps or vacuum.

Free Injuries Evaluation by a Birth Injury Lawyer

Complete the short form below and a birth injury attorney will contact you to discuss your case for FREE