What is a Birth Injury?



Birth injuries  are not necessarily something you hear about often, but hospitals across the United States experience lawsuits because of them on a regular basis. A birth injury can claim the life of a child or mother, and at the very least, cause a major problem that they must live with for their entire lives. Mothers who experience a birth injury may not be able to have children in the future and can even be unable to fulfil the duties of motherhood. Babies can suffer a deformity or brain damage that can stop their development before it has even started.

Strassburg, Gilmore and Wei, Attorneys at Law, specialize in helping those who have been injured due to catastrophic accidents. Strassburg, Gilmore and Wei have helped injured clients gain the compensation they deserve.

Birth injuries

When a mother or child has experienced a catastrophic injury or death due to trauma during birth, a lawsuit can be filed against the hospital or organization responsible. A birth injury typically results from mistakes, negligence, malpractice, or a flaw of some kind during childbirth. The resulting injury or death is due to a medical professional’s failure to use care, skill, and reasonable medical training during the situation.

Millions of injuries

According to a 2016 Cosmopolitan article, millions of women are injured due to childbirth. Those women are not being diagnosed correctly after an injury has occurred and live in pain because of it. These injury happen before, during, or after birth, and doctors misdiagnose these injuries as something minor.

Birth is a wonderful experience, but it is stressful on the body. While women are susceptible to birth injuries, it is often the baby that is more at risk.

Baby Birth Injuries

An injury to a baby can occur due to:

  • Fetal bleeding,
  • A lack of oxygen (anoxia),
  • Problems with the umbilical cord,
  • Cesarean section,
  • Infection, and
  • A mother’s health problems.

Just recently in Oklahoma, a lawsuit was filed by parents against a hospital for the brain damage their baby received due to negligent care. According to reports, the Muslow family feel that the hospital and medical staff  ‘acted recklessly’ during the birth of their baby.

In Chicago, a lawsuit was recently settled for $1.2 million. In the case, the medical staff was sued for negligent care when it was trying to free a baby’s shoulder from its mother’s birth canal. The baby received nerve damage in its shoulder due to the negligent care.

Plenty of birth injury cases exist around the world, but many people still do not realize they can receive compensation for the pain and suffering of their baby.

Limitations in California

A parent has one year to seek legal action from the date of the birth injury in California. That is if the injury happens to an adult. If the injury happens to a child, legal action must be taken before the child reaches 8 years old.

Strassburg, Gilmore and Wei Can Help

The law firm of Strassburg, Gilmore and Wei can provide you with legal guidance when it comes to catastrophic injury lawsuits. Located in Pasadena, California, Strassburg, Gilmore and Wei, Attorneys at Law, is available to give you insight on difficult matters. Visit our webpage to see how we can help you. If you have any questions, contact us and let our experienced attorneys in catastrophic injury and wrongful death go to work for you.

Leave a Reply