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Birth Injury is any physical harm to a baby or mother that occurs during pregnancy, labor & delivery, or shortly after birth. These injuries are not caused by a baby’s genes, but by trauma during the birth process. 

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For every 1,000 U.S. births, six to eight of them will suffer a birth injury. This accounts for around 2% of neonatal deaths and stillbirths.

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What is birth injury medical negligence?

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7 out of 1,000pregnant women in U.S. experienced pregnancy and childbirth complications. Birth injury medical negligence occurs when doctors, nurses, or other health care professionals do not meet a high standard of care during delivery, leading to complications during birth. Medical professionals are educated and trained to act appropriately in difficult situations to keep babies and mothers safe. Not acting promptly in emergency situations can cause severe short-and long-term birth injuries. Medical negligence can occur before, during, and/or shortly after the birth of a child.

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Medical negligence during pregnancy
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Doctors may commit medical negligence during pregnancy by not diagnosing or treating health complications affecting the mother and/or the baby. There are several conditions that put the mother and baby at a higher risk of complications during childbirth.

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Conditions that may lead to complications during birth if not treated/controlled include:
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  • Diabetes

  • Maternal Infection

  • Preeclampsia (high blood pressure)

  • Obesity​

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If not treated, these conditions can lead to serious complications during birth and may cause a lifelong birth injury. Failing to screen, diagnose, and treat these conditions may be considered medical negligence.

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Medical negligence during delivery

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Doctors, nurses, and other medical professionals can commit several acts of medical negligence in the delivery room.

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Acts of medical negligence during childbirth include:
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  • Failing to detect fetal distress and/or properly monitor the baby’s heartbeat

  • Failing to perform a medically necessary C-section (cesarean section)

  • Improperly using forceps or vacuum delivery or failing to inform mother of their risks

  • Pulling or twisting too hard on the baby as they exit the birth canal

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All of these acts of medical negligence can result in direct harm to the mother and the baby. Birth trauma caused by negligence may cause a child to suffer from permanent brain damage.

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Medical negligence shortly after birth

Birth injury medical negligence can still happen even after the child has been delivered. Once a child is born, medical professionals must monitor the baby and mother for any complications that may arise. Failure to do so may cause severe harm.

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Acts of medical negligence shortly after birth include:
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  • Failing to control loss of the mother and/or baby

  • Failing to diagnose and treat newborn jaundice

  • Failing to monitor the baby’s vital signs

  • Failing to treat the mother’s uterine ruptures and/or tears

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All of these actions can lead to severe complications for the mother and child. If you believe your child suffered a birth injury due to medical negligence during childbirth, speak to one of our caring registered nurses today to learn more about next steps.

Conditions caused by Birth Injuries
  • Cerebral Palsy

  • Brain Injury 

  • Brain bleed

  • Hypoxic-Ischemic Encephalopathy (HIE) / Oxygen Deprivation

  • Meconium Aspiration

  • Bacterial Meningitis/GBS Positive

  • Stillborn/Death

  • Spinal Cord Injuries 

  • Erb’s Palsy/Brachial Plexus

  • Fractured Collarbones

  • Shoulder Dystocia

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