Birth injuries occur when a mother or child suffers physical trauma or medical complications during or immediately after delivery. Birth injuries represent one of the most common kinds of medical malpractice, but when does a specific incident of a birth injury give rise to a medical malpractice claim?
Understanding Birth Injuries
A birth injury refers to physical trauma or medical complications experienced by a newborn or mother during or immediately after birth. Examples of birth injuries that newborns can suffer include:
- Brachial plexus injuries
- Broken bones
- Traumatic brain injuries
- Cephalohematoma
- Hypoxic ischemic encephalopathy
- Cerebral palsy
Examples of birth injuries suffered by mothers include:
- Postpartum bleeding
- Uterine rupture
- Pelvic organ prolapse
- Perineal tears
- Vaginal tearing
- Nerve damage
Birth injuries to newborns differ from congenital disabilities, which occur due to developmental issues, inherited genetic disorders, or environmental factors.
When Does a Birth Injury Become Malpractice
A birth injury may become medical malpractice when the injury occurs due to substandard medical care rendered by a mother’s healthcare provider during delivery. Examples of negligent actions that doctors, nurses, or midwives may make that can lead to birth injuries include:
- Improper use of forceps or vacuum extractors
- Failure to monitor for signs of fetal distress
- Failing to position the baby correctly
- Delayed cesarean section
- Failure to respond to complications, such as excessive bleeding
In many cases, families will require expert testimony to explain how the child’s or mother’s injury occurred due to a preventable mistake that represented a deviation from the accepted standard of care.
Key Elements of a Medical Malpractice Claim
A medical malpractice claim for a birth injury requires a family to prove several legal elements:
- Duty: First, a malpractice claim must establish the applicable standard of care in the delivery. Although the specifics of the standard of care will vary from patient to patient, medical professionals generally describe the standard of care as the treatment decisions and actions that other healthcare professionals of similar training and experience would make in identical circumstances.
- Breach: A claim must demonstrate how a healthcare provider’s treatment failed to comply with the applicable standard of care, usually through testimony from an obstetrician or another medical expert.
- Causation: A malpractice claim must explain how the healthcare provider’s deviation from the standard of care directly and proximately caused the child’s or mother’s injury.
- Damages: Finally, a claimant must provide documentation of the losses they sustained due to the birth injury, such as medical treatment costs, long-term disability care expenses, lost income, pain and suffering, or lost quality of life.
The Legal and Financial Effects on Families
Birth injuries can have significant consequences for families. An injured child or mother may require long-term medical care and rehabilitation. Birth injuries to children may also require them to obtain special education services. Birth injuries that lead to disabilities can also cause an emotional toll for families, especially as they work hard to support their loved one through their disability.
As a result, a medical malpractice claim for a birth injury may provide financial compensation for various economic and personal losses, such as:
- Past, ongoing, and future medical treatment and rehabilitation
- Lost wages for a mother who misses time from work
- Loss of earning capacity
- Special education or long-term disability services
- Pain and suffering
- Reduced life expectancy or quality of life
In cases of egregious medical malpractice, a family may also receive an award of punitive damages to punish the at-fault healthcare provider for their conduct.
Seek Legal Help for Your Child’s Birth Injury
Contact McCann Legal today for a free, no-obligation consultation with a medical malpractice attorney to discuss whether your or your child’s birth injury occurred due to negligent treatment from your OB/GYN, midwife, or other members of your delivery team.