A birth injury is an injury that occurs when a baby is born. It is not impossible for birth injuries to occur in the natural process of labor and delivery, or to result from emergency procedures undertaken by medical professionals. Some Oregon birth injuries are not preventable. Others could be prevented by responsible and professional medical care.
Birth injuries can range from minor to life-threatening. The consequences of these negative medical outcomes can be significant and inflict heavy emotion and financial tolls on families. When a birth injury impacts a newborn and their parents, it may be useful for the family to discuss their legal options with a medical malpractice attorney.
Types of birth injuries
As stated, not all birth injuries are the same or result in the same forms of harm. For example, a large baby may be born with some bruising due to their passage through the birth canal. These injuries may resolve in days after birth and may not have been the result of any medical negligence.
Forms of birth injuries that can result from medical negligence and malpractice may include:
- Shoulder dystocia
- Bleeding in the head/brain
- Facial paralysis
- Broken bones
- Limited oxygen to the brain
Parents whose children experience these and other forms of medical harm may face uphill battles to pay for their children’s injury-related costs.
Suing for birth injury damages
Legal claims based on birth injury losses are often founded in negligence. Negligence occurs when a party that owed another a duty of care breached that duty and caused the other to suffer losses. The duty between a doctor and a baby can serve as the grounds for a relationship in negligence, and the harm the child suffered from the doctor’s breach may be sufficient to prove a claim for damages.
There are not guarantees in the law, and not all injuries sustained by babies at birth are the result of negligence. It is important that readers seek independent legal advice because this post does not provide any case-specific guidance. Medical malpractice lawyers are well-suited to provide counsel and care to families struggling in the wake of birth injuries.