Medicine & the Law - LawCall

One of the most joyous times in a couple’s life is the birth of a baby. Much preparation and celebration is involved, and everyone prays for a healthy baby. But what happens if your new infant is injured, or dies during the birthing process?

 A birth injury is an injury that occurs during the birthing process that results in trauma or death for the infant or mother. Many such injuries will happen in spite of a medical team having used reasonable and competent skill. Not every birth injury will be considered for a legal claim.

 While birth injuries to a baby can differ greatly, one of two things is often involved. The first, a doctor fails to recognize pregnancy disorders such as hypertension or gestational diabetes, both of which are harmful to mother and baby. Also, the improper use of medical devices such as forceps, or the failure to perform a necessary C-section can cause injury and death to the mother and baby.

 In these types of cases, the legal claim is most often a medical malpractice claim. The claim is usually filed against physicians and other medical personnel who were involved in the birth. The claim will often be against a hospital or medical institution, as well.

 The second common issue in birth injuries and death is one where a pregnant woman may have taken prescription medications under the supervision of her doctor or pharmacist. In this situation, when the medication causes injury, a claim also may be made against the drug manufacturer.

 No matter the particular facts of your case, you still will have to prove that a physician, or hospital, or drug maker was negligent in causing the death or injury of your baby. It is a high bar, and one in which you will want to consult a medical malpractice attorney as soon as is possible after your tragedy.

 If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.


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