​Birth Injuries in Newborn Babies & New Mothers: Who Is Liable When a Baby Is Born With a Birth Injury? by 30Seconds Health

Childbirth is a serious matter that requires a lot of focus from parents and medical practitioners alike. Sadly, despite the advancements in medical technology, injuries and even fatalities are still happening when a child is brought into the world. In the case of birth injuries, parents may wonder who can be held liable for compensation in a criminal case? Can the parents even make a claim?

Before tackling the legal aspect, it's important to know how common birth injuries are in the first place. Birth injuries or birth traumas have declined in recent years. In 2004, it was 2.6 per 1000 live births, and it dropped to 1.9 per 1000 live births in 2012. Birth injury rates have been dropping since then.

There are many forms of birth injuries. Both the mother and the child could sustain these injuries during childbirth. Now comes the important question: who can be liable for it?

Making a Birth Injury Claim

Whether it’s the mother or the child who got injured during the childbirth process, the doctor can be held liable. Medical negligence during childbirth is the case that your lawyers will be looking into. This means looking into the background of the doctor, as well as the practices they’ve done during their handling of the mother’s childbirth experience.

In some cases, even the hospitals also may be liable for the injury. This is often the case when the medical practitioner in question is operating under an expired license. They are also held liable if the doctor already has a long history of medical malpractice but is still able to continue his or her services for the hospital or the medical institution.

If proven to be guilty of negligence or malpractice, the doctor or the hospital will be asked to compensate for the previous and future medical expenses of the mother and the child. They could be asked to pay extra if the malpractice is proven to have long-lasting effects on the parent and child. These long-lasting effects include life-long injuries and psychological trauma.

Types of Birth Injuries

There are various types of birth injuries for both the parent and child. For the child, these include:

• cerebral palsy
• Erb’s palsy
• brain damage
• infant hematoma
• spinal cord injuries 
• intrauterine fetal demise

These injuries are often caused when doctors or nurses don’t carefully handle the child during and after delivery.

As for the parent, the injury is often related to surgery. These include botched C-sections, extensive vaginal tears and more. It’s advised that mothers go to a different doctor for a postpartum checkup after birth. This may help to ensure that they get an unbiased medical opinion from another doctor.

If you or someone you know is a victim of medical malpractice or negligence during birth and is going to take legal action, it is important to do so as soon as possible. These injuries can result in heavy medical bills, which often last for years. Doctors who don’t take caution in surgeries and operations should be held responsible, especially if an innocent child is involved.

The content on 30Seconds.com is for informational and entertainment purposes only, and should not be considered medical advice. The information on this site should not be used to diagnose or treat a health problem or disease, and is not a substitute for professional care. Always consult your personal healthcare provider. The opinions or views expressed on 30Seconds.com do not necessarily represent those of 30Seconds or any of its employees, corporate partners or affiliates.

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