Firm Logo

Filing a Medical Malpractice Lawsuit for Birth Trauma

By: Anapol Weiss

Birth trauma happens unexpectedly, but it can forever change a family’s life. While the details leading to a birth injury can differ greatly, many situations involve poor prenatal care or a medical care provider’s failure to take action in connection with problems that arise during labor and delivery.

Conditions That Can Result in Birth Trauma Include:

  • Decreased or lack of oxygen during birth
  • Fetal distress
  • Hypertension in the mother during pregnancy
  • Improper use of forceps or other medical devices
  • Macrosomia (large fetus) complications
  • Placental abruption
  • Shoulder dystocia
  • Umbilical cord problems

If these birth complications aren’t fatal, they may lead to brain damage and other permanent injuries. It is for this reason that physicians and medical staff must respond immediately to the health care needs of mother and baby.

When Birth Trauma Results from Medical Negligence

A child and his or her family are the ones who suffer lifelong consequences when a health care provider fails to stop preventable birth injuries from happening. While nothing can change what happened, filing a medical malpractice lawsuit can:

  • Seek compensation for the child’s injuries including future medical needs
  • Hold hospital staff, known as the defendant(s), accountable for the harm they caused
  • Stop a similar situation from happening to another family

To win a birth injury lawsuit, a lawyer will need to prove that the defendant’s conduct fell below the standard of medical care that should be met by a competent and qualified practitioner. A medical expert qualified in the same field as the defendant will be needed to establish that standard, how the provider failed to meet this standard of care, and how the baby was injured as a result.

The first step is to contact an experienced birth injury lawyer to discuss the events leading to the trauma. The lawyer can then investigate the details of the situation to determine whether negligence of the health care provider involved in the treatment is to blame.

For decades, Anapol Weiss has successfully advocated for children hurt during birth. If your newborn was injured, we can help. Contact Anapol Weiss to speak with a Pennsylvania or New Jersey medical malpractice lawyer today. Our highly qualified team can investigate your case and answer your legal questions.