Birth and Delivery Medical Malpractice

Medical malpractice claims may be filed where a baby and/or mother has suffered injury during birth or delivery. Generally claims focus on the actions of the delivery doctor regarding the following situations:

  • Cesarean section
  • Fetal bleeding
  • Fetal distress
  • Hypoxia or anoxia
  • Infections
  • Maternal bleeding
  • Umbilical cord problems

Depending on the jurisdiction’s laws, suits may also be brought against other medical professionals that were involved in the child’s birth or delivery.

The death of a delivered baby may also be the subject of a wrongful death lawsuit, although state laws on this differ greatly. A fetus that has died in utero before delivery may not give rise to an actionable claim and often depends on the status of the health of the mother. As these are very intricate legal matters, be sure to contact a medical malpractice lawyer in your area to receive a consultation about the specific facts of your case.

Some common birth and delivery injuries include the following:

  • Brachial plexus palsy: Can result in paralysis of baby’s upper arms.
  • Caput succadaneum: Baby’s head is swollen or bruised, usually from vacuum extraction delivery techniques.
  • Cephalohematoma: Baby’s head has bleeding beneath the cranial bones and may result in jaundice.
  • Cerebral palsy: Severe brain injury that may affect baby’s motor, physical, and cognitive abilities.
  • Facial paralysis: Sometimes requires surgery.
  • Forceps problems: Misuse of forceps may case bruising and/or cuts.
  • Fractures: Baby suffers a broken bone, often the collarbone, during delivery; often occurs because an emergency cesarean section should have been performed.
  • Subconjunctival hemorrhage: Broken blood vessels in the baby’s eye.

If you suspect you have a medical malpractice claim based on injuries sustained during birth or delivery, be sure to contact a medical malpractice lawyer in your area as soon as possible; there are time limits for when you can file a lawsuit, so the best time to talk to a lawyer is now.