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When might a birth injury be considered medical malpractice?

On Behalf of | Oct 30, 2023 | Medical Malpractice |

Childbirth should be a positive time for families in Oregon—a time when a new addition to the family is born healthy and happy. Unfortunately, birth injuries are more common than most people probably expect. Birth injuries can cast a shadow over the entire birthing process, leaving families to attempt to come to terms with what happened and what the future might hold.

Some birth injuries are more common than others. These injuries include, for example: fractures at the baby’s shoulder area, such as the collarbone or clavicle; nerve injuries to the baby’s face; bleeding under cranial bones from pressure on the baby’s skull; and other swelling or bruising to the baby’s head. These, of course, are just a few examples. The birthing process is a major medical event and, as a result, many things could go wrong.

Is it malpractice?

But, how do these types of injuries occur? And, if they do occur, are the injuries due to medical malpractice? The answer to these questions can be difficult to discern. There are many different causes for birth injuries. Some examples are: the baby being very large at birth; premature birth; a long and difficult labor process; and, of course, C-section delivery complications. There are many other potential causes for birth injuries as well.

When a doctor or other healthcare professional makes errors during the birthing process, that could lead to a valid medical malpractice claim. There are many different steps in the process where mistakes could be made. But, it can be difficult to determine when and where these mistakes occurred and if, due to the mistakes, a newborn baby is injured. If you and your family are facing this type of difficult situation, be sure to have your potential claim carefully scrutinized.


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