Bradshaw Law, LLC
Bradshaw Law, LLC

Can a Birth Injury Lawyer Help with Birth Defect Claims?

Can a Birth Injury Lawyer Help with Birth Defect Claims?

A newborn could come into the world in good health, or be born with preexisting issues that drastically impact its health. However, a birth defect does not always occur naturally. Sometimes, medical staff unintentionally injures the newborn during the delivery process. The resulting birth defect could come with high treatment costs and have a significant impact on the newborn’s life.

Birth Injury Defined

A child who is born with a birth defect has not suffered a birth injury. Birth defects occur naturally and have no liable parties. A birth injury is different.

A birth injury occurs when medical malpractice causes injury to the newborn. The injury might happen during labor due to negligent medical care. The birth injury might also occur during delivery or afterward due to poor care from the attending medical staff.

A birth injury results in a physical injury that could endanger a newborn’s life. This injury might drastically affect the newborn throughout its life and possibly cut short its life expectancy.

Common Causes of Birth Injuries

 Malpractice leading to a birth injury could occur during commonly encountered birthing issues, including:

  • Premature birth, which results in a baby who is more vulnerable to suffering an injury during or after delivery.
  • Difficult labor, which makes it much harder for the medical staff to safely deliver the infant.
  • Large infant, which is a baby that weighs nearly 9 pounds and complicates the delivery process due to its size.
  • The birthing mother has a disproportionate pelvis that does not enable a traditional vaginal birth.
  • Abnormal positioning, such as a breech birth that positions the infant’s buttocks where its head normally would be positioned for a vaginal delivery.

These five common causes are just some examples of the many ways in which a well-trained and well-intended medical doctor could wind up causing an injury to an infant before, during, or after delivery. Other errors, such as errors during amniocentesis, can also lead to birth injuries.

How Does a Birth Injury Lawyer Help?

When delivery complications occur, an infant could suffer a variety of birth injuries. Bruising or marks caused by forceps are common examples of birth injuries that might result in soft tissue injury and possibly broken bones. A fracture could be especially dangerous and result in ongoing physical problems for the infant. No matter the type of injury, a birth injury lawyer could help victims to build a strong medical malpractice case against midwives, hospitals, or other medical professionals.