Can You Sue a Doctor for a Birth Injury?

Missing a serious warning sign can raise concerns related to the care provided. Treatment delays may also raise concerns. Questions may also come up over how a complication was handled or how the delivery was carried out.

UMass Memorial Health describes a birth injury as physical harm that can happen during labor, delivery, or after birth and affect a baby’s body or function.

Sometimes the focus is on one doctor. In other cases, the care of several healthcare providers is reviewed. Another court decision considered claims involving doctors, nurses, and hospitals. The claims may also include other medical staff involved in allegedly negligent delivery care.

Where the care was provided may also be worth assessing. A hospital may be liable for its employees’ actions or negligent policies, staffing, or systems. At the same time, a doctor may be assessed for an individual decision that is related to the treatment.

Not all difficult deliveries will result from a medical error. There are still certain complications that may occur, and such complications could happen even when the care is given appropriately.

An MDLinx report noted one birth injury malpractice case. In that case, the healthcare providers disputed the negligence allegations. They argued that different treatment would not have changed the outcome.

A birth injury lawsuit against a doctor therefore would depend on the available evidence and records.This evidence must show what happened. For a lawsuit to be viable, the evidence must also show how the doctor’s care caused or contributed to the child’s injury.

Common Examples of Doctor Negligence During Delivery

Negligence during childbirth can occur in various ways. The exact issue would depend on the patient’s medical situation, the timing, and decisions made during the delivery.

Possible allegations may include:

• Missing signs of fetal distress

• Delaying a medically necessary C-section

• Improper use of forceps or a vacuum extractor

• Using excessive force during delivery

• Failing to respond properly to a breech presentation

• Poor management of umbilical cord problems

• Medication errors

• Delayed treatment of maternal infection

• Improper management of shoulder dystocia

The Children’s Hospital of Philadelphia acknowledged that birth injuries may be associated with difficult labor or delivery. Circumstances can include prolonged labor, dystocia, and breech presentation. These circumstances may also include prematurity, a large baby, or cephalopelvic disproportion.

Medical research has also examined claims of malpractice that involve failures to recognize or respond appropriately to fetal distress.

The timing can become especially important once the fetal compromise is recognized. Another study went over birth injuries that are associated with unnecessary delays in performing a medically indicated C-section after fetal compromise was recognized.

Delivery tools may come under review. Medical research found that improper use of forceps or a vacuum may cause or worsen birth trauma or asphyxia.

One New York court decision addressed claims of excessive force during delivery.

Maternal complications raise different concerns. Another New York decision looked at claims that providers failed to diagnose or treat a complication in time.

In an Ohio case, the claims focused on poor monitoring during a long or difficult labor.

Some injuries may be temporary. Others may sometimes lead to long-term disability. The University of Rochester Medical Center lists brachial palsy, facial paralysis, clavicle fractures, and bruising as examples.

More serious birth injuries may include HIE, brain injury, or permanent nerve damage, and may lead to cerebral palsy.

A family that is seeking to sue a doctor for birth injury malpractice still needs more details connecting the alleged medical error to the specific injury. This is because a diagnosis alone does not establish malpractice.

Proving that malpractice truly occurred usually requires more than presenting that a child was injured.

The evidence generally needs to support several points:

• The doctor was caring for the patient.

• The doctor had a medical standard to follow.

• The doctor may have fallen below that standard.

• That lapse may have caused or contributed to the injury.

• The injury may have resulted in added costs or other losses.

In some cases, medical expert testimony may be needed. The records alone may not show what the proper standard of care required.

One case analyzed expert testimony on this issue. The testimony addressed the standard of care and whether the provider’s actions had caused the injury.

The sequence of events is also important. Prenatal records may reveal existing risk factors. Fetal monitoring may show the changes that were documented during labor. Delivery records may show what decisions were made as the issues developed.

A federal appeals court opinion discussed the necessity of prenatal, labor and delivery, and neonatal records when experts are evaluating a birth injury negligence claim.

Other evidence may come from scans, medical records, and newborn tests. The therapy notes or witness accounts may also be equally important. Each one may help explain what happened around the time of birth.

Prenatal records may point to risks that need closer monitoring. Labor notes can show how the medical team responded once concerns appeared.

Several factors may have contributed to the injury. Medical experts may review the condition of the child before birth, during the delivery itself, and what happened afterward. From there, they may assess if the harm came from a medical complication or if it is from care that fell below the required standard.

They may also consider if a provider’s departure from that standard may have caused or contributed to the injury.

The defense may argue that some other factors caused the injury. Genetic factors or an unavoidable medical condition may also explain the injury. These possibilities may raise questions about causation in a malpractice case.

For families asking how to sue a doctor for a birth injury, reviewing the medical records is often an initial part of the process.

Every state has its own filing deadline for filing a birth injury lawsuit. There is also no single national statute of limitations for every birth injury claim.

However, there may be special rules when the injured patient is a child. Different rules may also apply when an injury was not clear right away.

There is no general or universal answer to how long you have to sue a doctor after a birth injury. The deadline would depend on the law where the claim is filed and the facts surrounding the injury.

Some birth-related brain injuries may not be clear right away. Research on birth injury claims found that signs may appear later, such as when a child misses developmental milestones.

A later diagnosis may not extend the filing deadline. Families may want to check the deadline with an attorney early rather than rely on a general time limit online.

How long you can wait after a birth injury to sue a doctor depends on state law and the facts of the case.

A mother and her child may have different deadlines, even if both were harmed during the same birth. State law may set different rules for each claim.

The type of injury and when it was discovered may also affect the deadline. Families can ask for an early legal review to find out which deadlines apply.

There is no guaranteed compensation. Recoverable losses may depend on how severe the injury is and the available medical evidence. State law may also impact the claim and the whole process.

Possible financial losses may include:

• Past medical bills

• Future medical treatment

• Physical or occupational therapy

• Rehabilitation

• Equipment the child may need

• Changes made to the home

• Income lost while caring for the child

• Lower earning ability later in life

Other damages may cover disability or permanent change in daily life. State law may also allow claims for emotional harm or loss of pleasure in life.

A permanent injury may mean years of needed care. The child may require surgery and ongoing therapy. Mobility aids or help at home may also be important later on.

In some cases, a life-care plan may estimate the future medical costs. The daily needs of the child and level of independence may also affect the claim’s value.

Plaintiffs may seek compensation for distress, physical limitations, or reduced quality of life if state law allows it.

No two cases have the same value. The amount depends on the evidence, state law, and the losses that can be proven. Past cases do not guarantee the same result in other cases.

Birth injury cases can come with a lot of paperwork and questions. You can ask how the firm manages medical records, deadlines, and medical professionals. You can also ask what happens if the case goes to trial.

Families that are planning to sue a doctor for a birth injury may want to check the filing deadline early. Records can become much harder to track. And people may not remember each detail if the review is pushed later.

Families affected by potential birth injury malpractice can seek a free consultation.

Get a Free Consultation for a Birth Injury Lawsuit