The Messina Law Firm June 13, 2018

Pregnancy and childbirth have inherent risks and can result in complications and injuries to the mother and the child. All injuries suffered during birth are devastating. Yet some birth injuries are the result of mistakes made by obstetricians, doctors, nurses, and other health-care providers.

You may have a personal injury law claim for damages for yourself and your child if an obstetrician, doctor, nurse or another health-care provider:

  • Fails to adequately monitor the mother’s or child’s condition.

  • Chooses inappropriate procedures and treatment.

  • Inadequately diagnose and treat risks and complications.

  • Neglects to consult specialists when necessary.

  • Does not obtain your informed consent prior to medical treatment.

Common Causes of Birth Injuries

Birth injuries reportedly occur in 27 of 1,000 live births. One major cause of birth injuries is oxygen deprivation. Which commonly happens when the umbilical cord is compressed or twisted during birth. Another of the common causes of birth injuries is trauma. Trauma that may occur when a baby moves into an unusual position during the birthing process. Common birth injuries include brachial plexus palsy, cerebral palsy, Erb’s palsy, Klumpke’s palsy, skin irritation, temporary paralysis, brain damage, and fractured collarbones.

“Reasonably prudent”

Obstetricians, doctors and health-care providers have a duty to act as a “reasonably prudent” person would act under similar circumstances. When they don’t, they commit malpractice by being negligent in their treatment. Also when they have otherwise departed from accepted standards of medical care. If that negligence injures you or your child, you may have a malpractice claim.


When a doctor commits medical malpractice, you can recover damages not only for physical injuries. But also for economic damages. Damages such as medical expenses, loss of income, and loss of the value of services provided.

Other kinds of noneconomic damages may be available. Noneconomic damages such as money awarded to compensate you or your child for:

  • Physical or mental pain and suffering.

  • Disfigurement, or physical impairment.

Of course, the amount of damages varies depending on the severity of the malpractice-related injury and on the circumstances of each case.

A qualified personal injury lawyer

A qualified personal injury lawyer can determine whether you have a claim for medical malpractice by:

  • Hiring medical experts.

  • Studying the medical records, and by

  • Determining whether your obstetrician, doctor or health-care provider deviated from the applicable standard of care.

Act quickly!

If your child suffered birth injuries, or you are the victim of malpractice occurring during the birth of a child you must file your claim in a timely fashion (usually within two years, although it may be longer for your child). Or else lose your right to do so, due to the statute of limitations. Because birth injury cases are complex, it is important to submit your case AS SOON AS POSSIBLE to receive the legal advice necessary to protect your rights.

Remember, if you need a personal injury lawyer or a wrongful death lawyer, Joey Messina at Messina Law Firm is here for you. Contact our legal staff if you’d like free no-obligation assistance with your birth injury case.