Medical Malpractice

Quick Answer

When preventable errors during childbirth harm your baby, it may be considered medical malpractice. You may be eligible for financial compensation if your child was affected by birth injury malpractice. The average medical malpractice claim payout for children under one month old is nearly $1 million.

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What is Medical Malpractice?

According to the American Board of Professional Liability Attorneys (ABPLA), medical malpractice occurs when a doctor, hospital, or other health care professional causes harm to a patient through an act of negligence.

Doctor with baby

It may be considered Medical Malpractice if your child experienced an injury due to a careless mistake during childbirth.

Health care professionals are expected to give quality medical care during childbirth. It may be considered medical malpractice if your child experienced an injury due to a careless mistake during childbirth.

Mistakes during birth such as exerting too much force, improperly using forceps or vacuum delivery, not performing a medically necessary C-section, not properly monitoring signs of fetal distress, and more can harm a child.

Do you believe medical malpractice is to blame for your child’s injury? Speak to one of our nurse advocates to learn more about next steps today.

Nurse Beth Carter

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Types of Medical Malpractice

There are several types of medical malpractice that can lead to birth injuries. These birth injuries can vary in severity and may even require lifelong medical treatment.

Types of birth-related medical malpractice include:

Filing a Medical Malpractice Lawsuit

If your child’s injury was caused by negligence during the birthing process, you may be able to file a lawsuit and win financial compensation.

In order to win compensation, your legal team will need to prove that medical professionals committed birth injury malpractice and harmed your child.

Successful Medical Malpractice Lawsuits

In order to win compensation, your case must show:

  • Damages resulting from the injury (such as medical bills, loss of income, pain and suffering, etc.)
  • How the doctor in question was negligent
  • How the doctor’s medical negligence harmed the child
  • The mother was a patient of the doctor and was under their care

Lawyers at specialized malpractice law firms can gather evidence such as medical records and witness testimonies to strengthen and support your claim.

Find Out if You Have a Medical Malpractice Case

If you believe your child was a victim of medical malpractice during the birthing process, you may be eligible to receive financial compensation to pay for your child’s treatment.

A medical malpractice lawsuit helps to hold the doctors that harmed your child responsible for their negligence. Compensation awarded from a lawsuit can help your family pay for surgery, medication, therapy, and more.

Get a free case review today to learn if you may be eligible to file a claim.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 8 Sources
  1. American Board of Professional Liability Attorneys, “What is Medical Malpractice?”. Retrieved from: https://www.abpla.org/what-is-malpractice. Accessed on June 22, 2021.
  2. Boeschen, C. (2011, October 10). Birth-Related medical malpractice. Retrieved June 22, 2021, from https://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  3. Bryden, D., & Storey, I. (2011, June 19). Duty of care and medical negligence. Retrieved June 22, 2021, from http://ceaccp.oxfordjournals.org/content/11/4/124.ful
  4. Centers for Disease Control and Prevention. (2019, April 30). Data and Statistics for Cerebral Palsy. Retrieved June 22, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  5. Clinical Orthopedics and Related Research, “An Introduction to Medical Malpractice in the United States”. Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/. Accessed on June 22, 2021.
  6. Medical malpractice: Who can be sued? (2019, October 02). Retrieved June 22, 2021, from http://injury.findlaw.com/medical-malpractice/medical-malpractice-who-can-be-sued-.html
  7. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved June 22, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  8. What is malpractice? (n.d.). Retrieved June 22, 2021, from https://www.abpla.org/what-is-malpractice#:~:text=Medical%20malpractice%20occurs%20when%20a,treatment%2C%20aftercare%20or%20health%20management
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