Childbirth can be one of the most beautiful experiences in life. However, childbirth is also extremely complex and can cause injuries to both mom and baby. Birth injuries happen for a wide range of reasons and in many cases, they are unpreventable. Regardless of the cause, birth injuries have physical, emotional, and financial consequences on families.
Common Causes of Birth Injuries
Unfortunately, most birth injuries are inflicted upon the baby and not the mother. A birth injury refers to the baby suffering a physical injury that is simply the result of being born. Some common causes linked to birth injuries include:
- Large babies: Babies weighing over 8 pounds
- Premature babies: Babies born before 37 weeks
- Cephalopelvic disproportion: Size and shape of mother’s pelvis not adequate for baby birth
- Fetal distress: Babies who are born in distress
- Improper Use of Medical Equipment
- Negligence of Medical Professionals (Medical Malpractice)
In most cases, birth injuries cannot be prevented by anyone. However, in some cases birth injuries are caused by the negligence of medical professionals or institutions.
Suing for a birth injury?
Bringing a lawsuit for a birth injury looks different in every state. Each state may require victims to prove a number of different things. In California, in order to make a claim for a birth injury, victims must prove:
Negligence
There must be negligence by one or more healthcare providers involving the baby’s care or negligence by the hospital or medical equipment companies.
Causation
That negligence by either healthcare providers or medical equipment must be the actual cause of the birth injury or death.
Damages
There must be actual damages (medical costs, mental/emotional effects, lost wages, etc.) that directly result from the negligence.
In situations where a birth injury is caused by negligent medical professionals or faulty equipment, our legal system has entitled families to get financial compensation for their injuries. In order to receive the maximum amount of financial compensation, it’s imperative to your case to speak to an attorney about the details.
Our experienced personal injury attorneys at Hariri Law Group have worked on a number of baby delivery injury cases and even more medical malpractice cases. Finding a good attorney can be difficult and time consuming, reach out to Hariri Law Group to discuss the details of your case today.
