Having a baby is considered to be one of the happiest days of your life. However, if your child has a birth injury the delivery day and the days to follow can be a nightmare. Birth injuries are emotionally and financially draining; it is normal to feel your child has been robbed of having a ‘normal life’. It is important to ask yourself: was this birth injury simply unfortunate or was it a medical malpractice? If it was a medical malpractice, parents and the newborn deserve compensation, though it is impossible to truly compensate someone for lost opportunities and the ‘what-could-have-beens’ of the future caused by this misfortune.

To learn more about birth injuries, we’ve highlighted 7 facts below.

    1. There is a difference between a birth defect and a birth injury. A birth defect is a disorder a child is born with. A birth injury is when a newborn is hurt or injured just before, during, or just after the birthing process. Birth injuries can been avoided whereas birth defects can not be avoided.


    1. Approximately 28,000 babies are born each year with birth injuries in the United States, however, nearly 50% of these birth injuries are avoidable. According to the Agency for Healthcare Research and Quality, at least 30% of all birth injuries are caused by miscommunication between the physicians and the medical staff. A miscommunication is not justifiable when it comes to the life of your child.


    1. Physicians are required by law to report any disability or deformity to the parents before delivery. If you were expecting a healthy baby and the newborn was diagnosed with a disability this could be a sign that something went wrong. If a health issue is correctly diagnosed, birth injuries are generally preventable, as your child can get the care he or she needs.


    1. The status of your baby at birth can indicate whether or not a birth injury has occurred, although some birth injuries go unknown for a duration of time. It is important check the color and health of the baby at birth and to keep an eye on him or her for any depletion of health after delivery. If you believe your child is a victim of a birth injury make sure you get your child the necessary care.


    1. Although many things are out of your control, such as a misdiagnosis, it is important to educated yourself on birth injuries before delivery in order to prevent or recognize them. Things to keep in mind are common delivery techniques, the use of medications during pregnancy, and to always trust your instincts. Never be afraid to confront your physician or medical staff if you have questions before, during, or after delivery. Communication is key.


    1. Birth injuries are more common in instrument-assisted vaginal births than non-instrumental vaginal births. The C section method is known to be the safest form of delivery, although the risk of a birth injury during this method increases with the mother’s age.


    1. If you believe you have a birth injury claim, start by documenting your child’s symptoms, the events of the birth as you remember them, and any witnesses who were on hand. Next, keep a file of all your medical bills and any doctors who your child visits. Most importantly, use caution when talking to hospital and insurance company representatives as they are trained to prevent lawsuits from forming. Once you have gathered this information contact an experienced birth injury attorney at The Balkin Law Group for a free case evaluation.


If you believe you are a victim of a medical malpractice that resulted in a birth injury it is important to hire the right lawyer with experience. We’ll evaluate your claim and determine if you have a case. For more information, contact us here or call us at 888-751-5908.