Birth injuries can take many forms. In a vast majority of cases, the birth of a child is a success, the result a healthy child and happy parents. Unfortunately, there are cases where a child is injured during delivery, due to any number of preventable and unpreventable reasons.
Generally speaking, injuries to a child typically take two forms: injuries to a child during labor and the actual birth, and injuries prior to the birth, usually due to failures in prenatal care such as improper prescription drug use.
In order to determine whether a doctor, medical staff or a medical facility is guilty of neglect, one must first determine when the injury or medical condition occurred. In some instances, a medical condition could have started while the child was still in the womb, such as instances where prescription drugs negatively harmed a child.
It is not uncommon though, for an injury to occur during the delivery phase. Studies suggest that five in every 1000 babies suffers an injury during birth. It is also important to recognize that not all conditions are a result of a birth or prenatal injury. Estimates suggest that as high as 7 percent of all children born in the United States suffer some form of birth irregularity or birth defect. This is often the result of environmental factors or even heredity.
If you believe that your child has been the victim of a negligent birth injury, you may be entitled to compensation for medical costs, rehabilitation and therapy, and possibly even pain and suffering for both the child and the parents.
Source: findlaw.com, “Birth Injury Overview,” Accessed Jan. 24, 2017
EXPERTLY REVIEWED BY
John A. Davis, Jr. and Steven R. Davis
August 4 2023
Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.
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