Birth Injury

A birth injury is a devastating loss that can affect both mother and baby. Injuries may result from lack of proper prenatal testing and care, lack of monitoring during birth, delaying a cesarean, ordering an unnecessary cesarean, aggressive use of the forceps or vacuum and other causes. Claims for these types of injuries are handled under a special type of personal injury law referred to as medical malpractice law. Under medical malpractice law, to make a successful birth injury claim the plaintiff must prove that the doctor didn’t act as a reasonable doctor would have acted under the circumstances and that the doctor’s actions led to the injury. Provided the plaintiff meets this burden of proof, the plaintiff may recover damages for medical bills, lost wages, pain and suffering, emotional distress, wrongful death or other damages as appropriate to the situation. This section provides information on types of birth injuries, how to prove such injuries and what compensation may be available to you in a birth injury case.