Any injury suffered by a baby during childbirth is called a birth injury. If a child loses its life during labor or pregnancy, you might be able to sue the hospital. In some cases, the injury or death is because of natural causes that cannot be controlled by the doctor. But if you believe that the injury took place because of negligence from your healthcare provider, you have every right to file a complaint.
In instances where birth injuries occurred due to improper handling of the baby during delivery or improper use of medical equipment or technique by the doctor, you may file a birth injury claim. Birth injuries may also include injuries caused to the baby as a result of improper prenatal care, such as prescribing a drug that may cause a defect to the baby. This will also qualify for a valid claim. A claim can be made against the doctor, the nurse or any of the staff that was present with the doctor and assisted in the actions that resulted in the injury. It may also be filed against the hospital.
Birth injuries need to be differentiated from birth defects. Although some defects may be a result of injuries sustained during pregnancy, many other causes exist such as genetics or drug or alcohol abuse. Legal claims in cases of a baby born with a defect, therefore, may be difficult.
If you or a loved one is in a situation where a baby has suffered from birth injuries at the hands of a medical practitioner, you should consult with an attorney. An attorney will review your case to see if a valid claim can be filed and also educate you about your rights in regard to birth injury lawsuits.