Medical Malpractice Related to Birth Injury or Birth Defects

By: Attorney Andrew M. Rockman

Becoming a parent of a newborn child is one of the most rewarding experiences you can have. However, that joy can turn to immeasurable pain if you learn your child is born with a birth defect that will change his or her ability to participate fully in what life can offer. The question facing the parent involves how to deal with and minimize the impact of what happened and how to help finance what needs to be done to protect the child, the mother or the family.

If that disability or injury has resulted from improper or unacceptable medical conduct or practices, the family may ask whether those that caused the problem, unnecessarily, by failing to practice or perform within known standards of medical care, should be required to lessen the economic impact of what happened. 

Simply because some birth defects or injuries could be the result of the conduct of a doctor or other healthcare professional during pregnancy or during or after birth, does not mean there was provable malpractice. If the mother or baby are harmed due to the negligence of another, it must be proven by a Medical Malpractice Attorney who knows what is needed to discover and present that proof. Under the law you may be entitled to monetary compensation, but only if that malpractice or medical negligence can be proven.

The majority of pregnancies and child births occur without incident. However, when they go wrong, the results can be catastrophic. There are various reasons for births to be difficult or create problems, either from events during pregnancy or at the birth itself. The questions often surround whether the doctor or medical staff properly anticipated or reacted to either early warnings or the late development of problems with pregnancy or labor. The review of that care will center around whether the medical providers reacted or acted within the known standards of care required of them, given the circumstances and the knowledge they were required to have.

That decision must be made from a full review of the records, circumstances and evidence, by a qualified physician, expert in pregnancy and births or in newborn or pediatric medicine. Cerebral Palsy and Erb’s palsy or an injury to the baby’s brachial plexus, among many other injuries, may raise questions as to how the steps up to birth and the birth itself were conducted, but they do not prove malpractice simply by their occurrence. A detailed review must be performed to find out if what happened could and should have been anticipated and/or avoided. The medical malpractice attorney needs to know what questions to ask and where to ask them.

If any of the unfortunate occurrences above have occurred to you or someone you love, please take the opportunity to contact us to see if we can help.   Our medical malpractice attorneys have the resources, experience and pride necessary to find the questions and answers and to represent you from and through the beginning to the end. Our mission is to give you the best chance for success, whether through a settlement or a jury verdict. We know and have experienced the complexity presented by malpractice cases and what is needed to get to the proper outcome.

Please do not hesitate to give us a call at 1-800-432-LAWS.

Learn more about Medical Malpractice Law


Legal Resources:
Articles Glossary