What sorts of injuries typically give rise to a birth injury case?
Waukegan, IL medical malpractice attorney Scott Gibson talks about the types of injuries that would give rise to a birth injury case in medical malpractice.
Phone: (847) 263-5100
Usually it’s an injury either primarily right before the birth of the baby or during the birth of the baby, sometimes it can be after but usually it’s in that timeframe. And it can be many different things. It can be a situation where a doctor or a midwife or a nurse does not use appropriate maneuvers in order to get the baby out of the mother’s birth canal and the baby is injured, such as a shoulder injury, we call that shoulder dystocia.
Or it can be a situation where prior to the birth a physician or a nurse or a hospital does not monitor the mother correctly and does not see that there are warning signs based upon, for instance, a fetal monitoring machine, that the baby may be getting into distress and that would be a natural distress but where the medical negligence occurs is because the doctors or the hospitals are required by the standard of care to recognize that. That’s a recognized risk during a birth procedure, and if they don’t take the proper actions and the baby is born either dead or severely brain damaged, which tragically happens, then we have a right to bring a case for wrong – either wrongful death or personal injury damages.