| Read Time: 4 minutes | Medical Malpractice
common birth injuries in newborn

Fetuses and newborn babies are especially vulnerable to medical issues and complications leading up to and in the days after their birth. New parents are often overwhelmed by joy and may not observe signs of birth injuries until days or weeks after the fact.

Birth injuries affect more babies than you might realize. As many as seven babies out of every 1,000 deliveries sustain birth injuries, totaling more than 30,000 birth injuries each year. If a medical professional’s negligence causes a birth injury, you may be entitled to reimbursement for any losses you suffered.

We know that a birth injury settlement cannot make the birth injuries go away, but it can give you financial security to secure the highest quality care for your child. Our team will compile the value of your losses to ensure any settlement offer fully compensates you. 

To get started, please contact our Maryland birth injury lawyers today.

Can I File a Lawsuit for Common Birth Injuries to a Newborn?

You cannot file a medical malpractice claim simply because your baby suffers an unanticipated complication or injury during the birth process. The at-fault party’s negligence must have caused the birth injury. The burden falls on the plaintiff to prove the defendant’s negligence. 

To prove negligence in a medical malpractice claim, you must show:

  • The baby and the baby’s mother were in a doctor-patient relationship with the medical professional;
  • The doctor-patient relationship imposed a duty of care on the defendant to comply with the generally accepted standard of care for their profession;
  • They breached their duty by deviating from the generally accepted standard of care for their profession;
  • The baby suffered birth injuries due to the medical professional’s breach; and
  • The plaintiff incurred damages due to the birth injuries.

A birth injury lawyer will secure a trained medical professional to testify about how the defendant deviated from the generally accepted medical standard of care. A qualified medical professional must verify that they reviewed your claim and determined the defendant breached their duty of care before you can proceed with your malpractice lawsuit.

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Most Common Birth Injuries

Despite significant prenatal and delivery care advancements, birth injuries still occur with alarming frequency. Birth injuries can affect an infant and the mother delivering the baby. Some common birth injuries that affect infants include:

  • Brain damage caused by oxygen deprivation;
  • Skull fractures;
  • Brachial plexus injuries resulting from stretching nerve roots during delivery;
  • Cerebral palsy caused by a lack of oxygen during birth;
  • Facial injuries;
  • Cephalohematoma, or bruising between the outer layers of skin and the brain.

Birth injuries can range from minor to life-threatening. The severity of the injury can affect the child’s cognitive and physical growth and development, resulting in financial consequences and limitations that can last for a lifetime. 

What Causes Birth Injuries to Newborns?

Birth injuries can result from mistakes in the delivery room, as well as treatment failures prior to the labor and delivery process. Reasons for some common birth injuries include:

  • Failure to diagnose or treat infections;
  • Placental abruption,
  • Failure to order a C-section when necessary,
  • Incorrect use of medical instruments like forceps and vacuum extractors,
  • Failure to detect and respond to dangerous umbilical cord issues,
  • Failure to appropriately monitor the fetal heart tracing for signs of oxygen deprivation,
  • Slow response to signs of fetal distress, or
  • A lack of prenatal testing or preparation.

A member of our team can help investigate whether a birth injury was the result of negligence.  We can request medical records and have the care reviewed by a qualified medical expert.  

Losses in a Birth Injury Malpractice Lawsuit

A birth injury settlement or award consists of economic and non-economic damages the plaintiff suffers due to the defendant’s negligence.

Economic damages aim to compensate the plaintiff for the actual, monetary damages caused by their injuries. Examples of economic damages include:

  • Medical bills,
  • Physical therapy,
  • Occupational therapy,
  • Medications,
  • Long-term care, and
  • In-home treatment.

The amount of economic damages a plaintiff can recover depends on the specific details of their case. More severe birth injuries will typically result in higher economic losses.

Noneconomic damages include the pain and suffering caused by the negligent care. Examples of non-economic damages include:

  • Disfigurement,
  • Emotional distress, and
  • Pain and suffering.

Your birth injury attorney will hire an economic expert to calculate the value of your monetary and monetary losses and compile the full value of your losses.

How Can the Attorneys at Baird Mandalas Brockstedt & Federico Help? Contact a Medical Malpractice Attorney at Our Office to Find Out

Our team at Baird Mandalas Brockstedt & Federico is committed to helping clients recover losses caused by negligent birth injuries. We are confident in our ability to fight for your rights effectively. Our team is set apart by the following:

  • Knowledge of medical malpractice law,
  • Extensive trial experience,
  • Personal care and attention to each case, 
  • An open line of communication with our clients, and
  • A proven track record of success.

A member of our team will meet with you one-on-one to discuss the details of your birth injury case and craft a strategy to prevail in your case. We know that a one-size-fits-all strategy will not help our clients recover the maximum compensation they deserve. Our team prides itself on listening to the facts of each case and finding unique solutions for each client.

Contact a medical malpractice lawyer at Baird Mandalas Brockstedt & Federico to schedule an appointment today. 

Author Photo

Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.

Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.

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