Birth Injuries

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about an injury to a baby during delivery.

We frequently handle birth injury claims involving an injury to a baby at birth. We also deal with medical injuries suffered by the mother during delivery.

It is challenging work to hold medical professionals involved in the birth responsible who have inflicted injury as a result of medical malpractice.

Common birth injuries that can arise during the birthing process include:

• Injuries to the nerves surrounding the child’s shoulder caused by over-exerted pressure during labor and delivery (injuries like this may be referred to as a brachial plexus injury or erb’s palsy or shoulder dystocia)
• Impaired mobility and muscle development in the child due to a lack of oxygen during labor and delivery
• Injuries to the mother, such as uterine rupture or inversion, vaginal tearing, broken bones, or nerve damage
• Damage to the child’s nervous system due to an infection
• Swelling in the child’s brain

Families dealing with injuries of these types need a birth injury attorney who can work with medical experts to evaluate the extent of the injuries and determine the appropriate compensation.

Not every injury during pregnancy or birth leads to liability. Establishing proof of medical malpractice means proving that the medical provider who agreed to treat the patient, failed to live up to the standard of care and that this substandard care caused the patient’s injuries. Expert testimony is always required in these types of situations.

Birth injury litigation may involve the doctor in charge of the delivery, or anesthesiologists, midwives, nurses, and other hospital personnel.

Although some birth complications can be unavoidable, other birthing injuries are a result of medical malpractice.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”