Birth trauma claims are brought when it is suspected or known that a child's birth injury is due to substandard medical care related to the child's birth. Some birth injury claims have been based on:
- Doctor negligence and mistakes
- Inadequate staffing in the ER, birthing room or hospital
- Miscommunication among medical personnel
- Failure to diagnose
- Improper use of a medical device (such as a forceps or vacuum extractor)
- Wrong dose or wrong medication
- Failure to follow hospital policies
- Delayed response in delivering a baby, or in treating a condition
Many catastrophic birth injuries have been the outcome of medical malpractice — that is, conduct by healthcare providers that does not meet the accepted standards of medical care. For the parents of children who suffered catastrophic birth injuries, a birth injury claim may be the only way that they can secure compensation for the injuries.
How to File a Birth Trauma Claim
When doctor negligence or other medical negligence is suspected to be the basis for a child's birth trauma, the first step toward obtaining a fair legal outcome for the child is to discuss the case with a lawyer who is experienced in representing birth-injured children and their families. He or she can tell you what to expect and whether it's in the best interests of the child to file a birth injury claim.
Sometimes, it's better to seek a financial settlement from the party or parties who have the liability (legal responsibility) for the birth trauma, without going to court (that is, engaging in litigation). Taking a birth injury claim to court is a significant step that can be expected to involve a lot of time and cost, but in many cases, litigation is appropriate.
Every birth injury claim is unique, and the best source of information about legal options is a lawyer or law firm.
Talk to the Right Legal Representative
If your child suffered a catastrophic birth injury, contact an experienced birth trauma attorney to discuss whether you should file a birth injury claim. We offer free case reviews.