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Birth injuries: What to do if you suspect malpractice

Welcoming a baby into the world should be a joyful occasion for the family.

However, that joy can quickly turn into worry and fear if parents discover that their child suffered a serious injury during the delivery. Unfortunately, in many cases, birth injuries are the result of medical malpractice.

Proving medical malpractice can be difficult, but if parents suspect their family suffered from malpractice, what should they do?

Record the injury and its effects

There is a wide variety of birth injuries, and they all impact children differently. Some, such as a fractured collarbone, might require surgery and physical therapy. In other cases, children might have cerebral palsy from a birth injury that could impact the rest of their lives.

Regardless of the type of injury a child suffers during birth, it helps if parents document:

  • How the injury impacts the daily life of the child and family;
  • What surgery and treatment they obtain for the child’s injury; and
  • Any medications or therapies required to help the child.

Try to recall details of the birth

This can be a challenge. After all, during birth, parents are not focusing on anything else aside from the baby.

However, recording any memories from birth and delivery can be helpful. It does not have to be a perfect record. Simply trying to recollect what happened might help indicate the cause of the birth injury. For example:

  • Did the doctor use a vacuum or forceps in the delivery?
  • Did they properly care for and monitor the baby during and after the delivery?

Additionally, it might help to do some research about the proper procedures and causes of birth injuries.

Get a second opinion

Speaking to another doctor might be the last thing that parents want to do after their child suffered a birth injury. However, to prove medical malpractice, it is often necessary to obtain a second opinion from another medical professional. This is critical for a few reasons:

  1. It can help determine the cause of the birth injury.
  2. It will also provide an official medical record of the child’s injuries and condition.

Parents should find a trusted medical professional or establishment where they can obtain a second opinion. This can help parents move forward with their claims.



FindLaw Network

Verdicts & Settlements

$2 million present value policy limit structured settlement of serious motorcycle/truck accident with brain injury (pay-out anticipated of over $10 million)

Approx. $2 million settlement to clients who were victims of the Labor Day Passaic industrial fire

$1.9 million settlement for construction site accident causing neurological injuries

$750,000 settlement for construction site accident causing ankle injury and emotional distress

Over $25 million dollar anticipated lifetime structured settlement for infant vaccine injury claim

Multimillion-dollar lifetime structured settlement of cerebral palsy claim

$3 million jury verdict for delayed diagnosis of breast cancer

$2.6 million settlement for birth injury caused by medical malpractice