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Birth Trauma Claims

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
  • Misdiagnosis
  • 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.

  • 1Contact info
  • 2Birth conditions
  • 3Hospitalization
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