Birth Injuries Caused By Medical Malpractice

Unfortunately, there are many birth injuries that can be caused by medical negligence. When a healthcare professional makes a mistake before, during, or after the delivery process, a child could sustain temporary or permanent injuries that affect every aspect of their life. Here, we want to discuss the most common birth injuries that occur due to medical errors, as well as whether or not families can recover compensation for their losses.

How Birth Injuries Occur

Birth injuries can occur in a wide variety of ways. In some cases, birth injuries are the fault of no individual involved in the labor and delivery process. However, there are times when the careless or negligent actions of medical professionals lead to a child or mother sustaining injuries.

Some of the most common forms of medical negligence during childbirth that could lead to a birth injury for a child or mother include the following:

  • Too much force is exerted when delivering a baby from the birth canal. This can include pulling too strenuously on the child.
  • The misuse of various types of delivery tools, including vacuum devices or forceps. This can also lead to individuals using too much force when delivering the child.
  • Failing to adequately monitor a child’s vital signs, which could lead to not recognizing fetal distress.
  • Not properly controlling any tearing or hemorrhaging in the mother during the delivery or after the delivery.
  • Failing to perform a cesarean section (C-section) if one is indicated based on vital signs or predetermined labor difficulties.

Most Common Birth Injuries

Medical negligence during the delivery process can lead to a wide range of birth injuries. In minor situations, this can lead to blood loss, swelling or bruising, or significant vaginal tears. However, birth injuries often lead to long-term disabilities for a child. This can include:

  • Nerve damage
  • Cerebral palsy
  • Erb’s palsy
  • Traumatic brain injury
  • Spinal cord trauma
  • Kernicterus
  • Fractured or dislocated bones
  • Cephalohematoma
  • Brachial plexus palsy
  • Caput Succedaneum

This is certainly not a complete list of the types of birth injuries that can occur as a result of medical negligence. We strongly encourage you to reach out to a skilled attorney who can offer a free consultation to determine the best steps forward for your particular situation.

Is Compensation Available?

There may be compensation available to those who bring forward a successful birth injury claim. However, please understand that these are medical malpractice cases, and they are notoriously difficult. A skilled California birth injury lawyer will work to determine liability, and this will include enlisting assistance from trusted medical experts who can evaluate the claim.

If a claim is successful, the following types of compensation may be available to parents and the child:

  • Complete coverage of any emergency medical expenses
  • Compensation for any necessary long-term medical needs
  • Coverage of prescription medications and medical devices
  • Lost wages if parents are unable to work due to their child’s injury
  • Physical pain and suffering damages on behalf of the child
  • Emotional and psychological pain and suffering damages for the child and parents
  • Loss of quality of life damages

There is no set amount of compensation paid to birth injury victims in California, but there are various factors that can affect the total settlement. We encourage you to speak to a skilled injury attorney who can help walk you through this process so you understand what to expect moving forward.

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