A birth injury generally refers to any injury that the baby suffers from during labor or delivery. It may be caused by complications that arise during the labor or delivery process despite the best efforts and skills of the doctor. However, in cases where the injury occurs as a result of incompetence on the part of the doctor, you may be entitled to a legal claim against the doctor.
In instances where birth injuries occurred due to improper handling of the baby during delivery or improper use of medical equipment or technique by the doctor, you may be entitled to a birth injury claim. Birth injuries may also include injuries caused to the baby as a result of improper prenatal care, such as prescribing a drug that may cause a birth defect. A claim can be made against the doctor, the nurse or any of the staff that was present with the doctor and assisted in the actions that resulted in the injury. It may also be filed against the hospital.
Birth injuries need to be differentiated from birth defects. Although many defects may be a result of injuries sustained during pregnancy, many other causes exist involving genetics or drug or alcohol abuse. Legal claims in cases where a baby is born with a defect, therefore, may be difficult.
If you or a loved one is in a situation where a baby has suffered from birth injuries at the hands of a medical practitioner, you should consult with an attorney. An attorney will review your case to see if a valid claim can be filed and also educate you about your rights in regard to birth injury lawsuits.