Medical Malpractice and Birth Injuries

Deciding to bring a child into this world is one of the biggest decisions a person can make. Soon-to-be parents will do everything in their power to ensure their child’s health and well-being. Unfortunately, negligent doctors can compromise a baby’s health by administering inadequate prenatal care. If you or your child has suffered because of a negligent doctor or nurse, they may be liable for your losses.

Causes for Birth Injury

Birth injuries may occur for a variety of reasons. In some cases, natural causes may result in a difficult delivery and subsequent birth injury; however, in other cases, a doctor’s negligence may be to blame. Common factors that contribute are to birth injuries include:

Large baby (over 9 pounds)

Breeched delivery- Where the baby is positioned feet first during delivery

Improper use of delivery tools, such as forceps or vacuum

Premature delivery- Delivery before the 37th week of pregnancy

Inadequate pre-natal care

Common Birth Injuries

While many injuries can be avoided with proper pre-natal care, some occur precisely at the moment of birth, including:

Cerebral Palsy- Caused by a lack of oxygen to the brain, cerebral palsy is a form of brain damage that inhibits a child from having control of their muscles. This is a life-long condition.

Erb’s Palsy- Nerve damage that generally affects a baby’s shoulders and arms. This condition is caused by the child’s shoulders getting caught on their mother’s pelvic bones during delivery. While this is not always a lifelong condition, it can require extensive surgery to correct the problem.

Facial paralysis – If damaged, the newborn may suffer from an unclosed eyelid, uneven mouth muscles movement, or no movement on an entire side

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Bruising – As a baby is passing through the birth canal, instruments such as forceps and vacuum extractions can bruise the baby’s brain or body

Fractures – The most common fractures that occur while a baby is passing are clavical and femur fractures

While some birth injuries can resolve themselves in a few weeks, if damage is severe, there may be life-long consequences. If your child has suffered because of a negligent doctor, you should not have to bear the consequences alone.


With the help of n experienced medical malpractice attorney, you may be eligible to receive recompense for your losses. community law otara Birth injuries that are caused by doctor negligence are frequently awarded compensation for the following losses:

Medical expenses

Pain and suffering example of civil law

Lost wages

Wrongful death