Birth Injury FAQs
What type of birth injuries do your attorneys investigate?
What’s the difference between a birth injury and a birth defect?
Are birth injuries preventable?
My child has been diagnosed with cerebral palsy - will his condition improve?
How do I determine if my baby’s disability is due to a birth injury?
- Was your baby crying when he/she was born?
- Did he/she have to be resuscitated after birth?
- Did your child have caput, molding, cephalohematoma and/or overriding sutures? These are all signs of a traumatic delivery.
- Was your child admitted to the Neonatal Intensive Care Unit (NICU)?
- Did your baby have head or body cooling?
- Did your child suffer from seizures?
- Was a CT scan, MRI or ultrasound performed sometime after birth?
Do I need to pay to speak with a birth injury attorney?
I remember signing a consent form. Does that mean I have no basis for a lawsuit?
Medically negligent doctors, nurses, and other hospital staff members can cause a child to suffer a birth injury. You may be able to hold a health care provider accountable for your child’s birth injury. To establish liability in your case, you must show that:
- The healthcare provider had a legal obligation, or a duty, to treat you and your child;
- The care provided fell below the standard of care;
- The level of care you received caused injury; and
- As a result, you and/or your child have incurred medical expenses in the past, present, and will in the future, experienced pain and suffering, lost the enjoyment of a normal life, and lost future earnings opportunities for your child as a result of the medical malpractice.
In ordinary personal injury cases, a person has a duty to use the level of care that a reasonable individual would use under the circumstances. In medical negligence cases, however, the standard of care is that which is generally accepted by other similarly situated professionals with comparable training and experience. Some states require that this standard be applied locally, i.e., the standard of care is that in which medical professionals that provide care in the same or similar community where the malpractice occurred. Expert testimony from doctors or medical professionals is a crucial part of establishing the standard of care in malpractice claims.
Once you establish the standard of care, we must show how the healthcare provider’s actions fell short of this standard, which would amount to a breach of the duty. We must also be able to establish through expert testimony that the negligent conduct by the health care provider caused you and your child harm. Grant & Eisenhofer P.A.’s birth injury attorneys can help you try to establish these elements in order to obtain compensation for your child to which he or she may be entitled.
Babies may suffer permanent injuries during the birth process. Birth injuries are most common when a baby is being deprived of oxygen and/or blood flow to the brain as a result of trauma. This may include, but is not limited to:
- Too many uterine contractions
- Improper use of oxytocin (Pitocin)
- Delivery by forceps or vacuum
- Prolonged labor
- Disparity between the size of the mother’s pelvis and the size or positioning of the baby