Birth Injury:

Determining Fault

It may be difficult to determine fault in a birth injury case. Unfortunately, birth injuries can and do occur that are not the fault of the doctor or mother. If an individual’s case is the result of medical malpractice or negligence, he or she is entitled to compensation.

A birth injury can occur when a medical professional neglects to recognize complications that a woman or her baby may develop during pregnancy or delivery. Conditions that cause complications may include:

1. Large babies with a birth weight of over 8 lbs 13 oz

2. Premature birth

3. Rupture of the mother’s membranes prematurely

4. Cephalopelvic disportion defined as the mother’s pelvis being an insufficient shape and size for the baby to be born vaginally

5. Prolonged labor

6. Atypical birth presentation

7. Umbilical cord entrapment or fetal distress

8. Shoulder dystocia, which is when the baby’s shoulder gets wedged behind the mother’s pubis because he or she is too big to fit through the mother’s birth canal