3 Common Reasons To File a Birth Injury Lawsuit

By Justin M. Beall

Birth injuries could cause serious health problems, lifelong disabilities, or long-term care needs. Substandard care by a hospital or a birthing center’s staff could lead to life-altering consequences.

If you believe healthcare professionals failed to meet their required standard of care, you may have sufficient cause to pursue a birth injury lawsuit. The legal team at Koonz, McKenney, Johnson & DePaolis, LLP will answer your questions and explain your options.  

What Is a Birth Injury Lawsuit?

What is a birth injury lawsuit

Families may file legal actions against doctors, hospitals, or medical staff to hold them responsible for birth injuries that could have been prevented. Hospitals and birth centers owe a duty of care to facilitate healthy and standard deliveries.

Courts in Maryland, Virginia, and Washington, D.C. may evaluate a plaintiff’s medical records and determine how a defendant’s carelessness or substandard care caused birth injuries to a mother or child. When a facility’s actions fall below the required standards of care and cause preventable injuries, plaintiffs may seek compensation to recover damages through birth injury lawsuits.

What Is a Birth Injury?

Birth injuries result from complications or mishaps during a baby’s delivery. Newborn injuries are also referred to as birth traumas. Failing to monitor oxygen and blood levels, for example, could cause a newborn to suffer severe asphyxiation and lead to a birth injury lawsuit.

A newborn could also be harmed during the labor process by not moving correctly through the vaginal canal, which would typically require doctors to initiate a C-section delivery. A failure to perform required procedures could result in otherwise preventable birth injuries.

What Are Three of the Most Common Types of Birth Injuries?

Orthopedic injuries during birth could be grounds for a birth injury lawsuit.

The most common reasons for birth injuries lawsuit filings typically correspond to the three primary categories of birth injuries:

  1. Orthopedic Injuries: These are injuries to the musculoskeletal system that mainly affect the bones or joints. They can cause chronic pain and long-term dysfunction. Clavicle fractures, or broken collar bones, are common orthopedic birth injuries.
  2. Nerve Injuries: When the large nerves that extend from the spinal cord are damaged, this can affect bodily movements and sensory responses. Erb’s palsy is a common type of birth injury nerve damage that affects the upper limbs, but the more severe nerve injuries can cause global palsy.  
  3. Brain Damage: Often the most severe type of birth injury, newborn brain damage can cause long-term issues such as dysfunctional motor skills and impaired intellectual abilities. Hypoxic-ischemic encephalopathy, or HIE, can result from oxygen deprivation during delivery and often involves medical malpractice.

A birth injury lawsuit may also result when healthcare professionals mishandle routine labor and delivery tools and cause a newborn to suffer broken bones, scrapes, or bruises. Women experiencing emotional or physical distress from traumatic birthing events may also file a lawsuit to seek relief.

How Could an Experienced Attorney Help During a Birth Injury Lawsuit?

A skilled and compassionate birth injury lawyer can help put your mind at ease after a traumatic event such as a birth injury. With the legal team of Koonz, McKenney, Johnson & DePaolis, LLP at your side, you’ll know that your birth injury lawsuit will stand up to a powerful healthcare insurance company. We’ll be well-prepared to take your case to court. 

Contact us now and schedule a no-fee consultation to review your case.

About the Author
Virginia, Maryland, Washington D.C., and West Virginia injury attorney Justin M. Beall represents clients in a wide range of personal injury matters including catastrophic injury, truck accidents, car accidents, premises liability, construction accidents, medical malpractice and workers’ compensation claims.