My baby was born with a birth injury – now what?

The last thing any parent expects on the day their child is born is a birth injury or defect.

After months of careful planning and anticipation, complications can still arise during pregnancy, labor, or delivery, potentially leading to harm to the baby. When these injuries are avoidable, it becomes crucial to protect the legal rights of the child and the parents. In such moments, new parents are often left wondering, “My baby was born with a birth injury—now what?”

Not every birth injury warrants a legal claim. Sometimes, despite the best efforts of medical professionals, complications occur that result in injuries. However, if a defective product, medical negligence, or improper care practices contributed to the injury, there may be grounds to seek compensation. Determining the cause of a birth injury is challenging and typically requires the expertise of both legal and medical professionals.

Common birth injuries during delivery include Erb’s palsy and hypoxic-ischemic encephalopathy. Erb’s palsy, also referred to as a “brachial plexus injury,” can result from excessive pressure applied to the baby’s head or improper positioning during labor. Hypoxic-ischemic encephalopathy, on the other hand, can occur if the baby’s brain receives insufficient oxygen, often due to delayed medical intervention. One of the most common consequences of hypoxic-ischemic encephalopathy is cerebral palsy, a neurological disorder which manifests itself in impaired coordination, motor function, and muscle tone.

Birth defects or injuries can also arise if the mother took unsafe prescription drugs during pregnancy. Whether due to a defective medication or a doctor prescribing a harmful drug, these situations may lead to claims of negligence.

Improper use of medical devices or the application of unapproved medical techniques during delivery can also cause harm to the baby. In some cases, using unsafe methods that other professionals would avoid can lead to preventable injuries.

Many of these injuries may form the basis of a medical malpractice case. To determine whether a birth injury or defect could have been prevented, it is essential for parents to consult with an attorney experienced in these claims, who can collaborate with medical experts to identify potential errors or substandard care that contributed to the baby’s condition.

• Birth Injury
• cerebral palsy
• Erb's palsy

Birth Injuries + Pregnancy-Related Injuries