Birth injuries can occur in many ways during childbirth and are not exclusively due to medical malpractice or negligence. Birth injuries that are due to malpractice include a breach in duty of care from healthcare professionals. Negligence can cause injury to the mother or baby, and even wrongful death in severe cases. 

Common Birth Injuries

Some birth injuries are more common and can be caused by negligence or malpractice by a doctor, but not all birth injuries have to do with malpractice.

Here are some common birth injuries:

  • Brachial palsy
  • Cerebral palsy
  • Paralysis
  • Fractures
  • Cephalohematoma
  • Spinal cord injuries

Many other birth injuries can occur and can be less severe such as broken bones, fractures, and bruising. Birth injuries are also commonly genetic. There are also many injuries than can affect the mother including excessive maternal blood loss during delivery and failure to monitor the mother’s vitals and oxygen levels during delivery. The mother or surviving party can file for malpractice if the injury or death was specifically due to a doctor’s error or failure to perform their duties.

Can I Sue the Hospital?

If it is able to be proven that your injury or your child’s birth injury was due to the errors of a doctor or medical professional, you may be able to sue the hospital. This type of case is very hard to win in court and is different for every situation, depending on the severity.

What Damages Can I Recover?

Some damages you can recover in a medical malpractice lawsuit in court include:

  • Non-economic damages for pain and suffering
  • Damages for medical expenses
  • Loss of income, past or future

There are many more damages that you can recover and they depend on your situation.

Do I Have a Medical Malpractice Case?

If you are experiencing an injury after medical treatment, you may be wondering if you have a medical malpractice case. Unfortunately, not all mistakes and injuries that arise from medical procedures are due to malpractice. Medical malpractice has to involve a breach of duty of care from the doctor or nurse. 

This can include: 

  • Failure to diagnose
  • Failure to properly read results
  • Mistakes during surgery
  • Unnecessary surgery
  • Unnecessary prescription of medications
  • Premature discharge
  • Lack of follow up

Your situation can look different than the above examples and still be considered medical malpractice. Talk to a medical malpractice lawyer if you believe you have suffered from your injuries due to negligence and are wanting compensation. The lawyer will evaluate if the injury was due to a failure of the doctor’s performance. Every state has time limits for how long you have to bring your case, so you will also want to make sure that you are filing a claim in a timely manner.