As we all know that delivering a baby is very complicated; therefore, maternity doctors have to undergo extensive practical training by handling different types of complicated delivery cases. With inadequately experienced medical professionals, there are more chances that the child will be injured during its delivery. Maternity doctors and other medical staff are bound to provide intense care during childbirth and to ensure that the new-born baby is delivered without any debilitating injury. It is very unfortunate that irresponsible actions by medical staff often result in a number of severe birth injuries to the new-born babies. Birth injuries to the new-born babies during their delivery causes the child to suffer lifelong health complications. Therefore, you need to hire a birth injury lawyer in such cases. However, being the parent of the baby that is harmed during its delivery due to certain irresponsible actions of healthcare professionals, they should file a case against the erring medical staff, who have harmed your baby, and also get suitable compensation to meet with the life-long medical care that the baby may require.


There are certain typical activities in the hospital environment that often causes birth injuries to the babies such as prolonged delivery time; inappropriate utility of vacuum extraction or forceps; not evaluating the delivery complications during labor well in advance; failing to conduct cesarean at appropriate time; failing to follow the proper procedures during emergency hours to resolve the delivery complications. Therefore, it becomes inevitable to hire a birth injury lawyer to fight your case.


The above-mentioned irresponsible activities by the medical professionals would certainly result in birth injuries to the baby. Unfortunately, parents hardly come to know about such irresponsible activities due to a lack of knowledge and experience.


The following are some common birth injuries that a new-born can suffer due to irresponsible activities of the maternity doctors and other medical professionals during the delivery period:

  • – Cerebral palsy due to brain impairment or haemorrhage due to insufficient oxygen, injuries to the skull, etc., at the time of delivery. This can cause newborn permanent disabilities that include difficulties in the physical movements of the child and its development.

  • – Often a baby can suffer certain complications when its shoulders are stuck behind the pelvic bone of the mother. In case the maternity doctor is inexperienced to perform certain routing procedures during such complications will result in a brachial plexus injury to the new-born, that tears and harms the nerves joint to the spinal cord, which will severely impair the functions of either one or both arms.

  • – Maternity doctors failing to use the suction or forceps properly during the time of delivery of the new-born results in certain kinds of bone fractures to the baby.

  • – Often, due to prolonged delivery or delayed delivery, the baby becomes unable to breathe properly for a long duration, a condition popularly known as asphyxia that will result in severe brain damage to the baby, which further will lead to a wide range of physical as well as mental disabilities to the child.

  • – Failing to assess or recognize certain severe complications that can arise at the time of delivery, such as improper positioning of the child and certain irresponsible actions at the time of delivery, will severely injure the spinal cord of the infant, which will cause severe lifelong disabilities to the child.

There are some other common birth injuries that can harm the baby’s life, such as; persistent pulmonary hypertension, anoxia, hypoxia, wrongful death, bone fractures, cephalohematoma, perinatal asphyxia, facial paralysis, spinal cord injuries, caput succedaneum, fatal lacerations, etc.


The severity of certain birth injuries causes serious health problems and disabilities to the new-born that last a lifetime or even shorten the baby’s life-span. Therefore, parents who are the victims of such severe damages and injuries to their baby should catch hold of such irresponsible medical professionals and hold them responsible for the injuries caused to their baby and get the deserving compensation to meet the lifelong medical care required for their baby.


Before you hire your birth injury lawyer, you should keep in mind that there are certain business-minded or commercial-minded attorney firms actually contact the medical professionals or hospital authorities to outside firms for a secret agreement to settle the case outside the court. Therefore, it is for the victim to find out the attorney who can genuinely argue your case with due empathy.


A proficient and well-experienced birth injury attorney will ever apprise their clients for their rights and the tricks and complications of the case. At the same time, work conscientiously to make sure that the victim succeeds in the case. Before you make up your mind to handle your case to the attorney, it is essential to get into the details such as what types of cases do they have handled, how commercial they are, how good they can argue your case, their experience and service history in arguing birth injury cases, etc.


One thing you must understand is that your child was only injured by the reckless action of your maternity doctor and other medical staff. First of all, the birth injury lawyer will investigate and establish whether your case is fit enough to be considered under birth injury law or not. Normally, an experienced attorney in arguing the birth injury case will go through every minute detail of your case carefully to make sure the birth injury case of your child is genuine; therefore, you win the case. If you want the legal proceedings of your case to move up faster, you need to provide accurate and detailed information and submit every kind of medical document that is required to argue your case.


Once your birth injury attorney agrees to take up your case and starts the legal proceedings, he will gather certain particulars, witnesses, and other essential documents. Thereafter, he will get into every minute detail of the case. Commonly, your attorney will suggest the sum of compensation to the hospital authorities, which they usually refuse in most of the cases. When the hospital authorities deny settling the case outside the court, then the attorney will start the legal proceedings against the hospital authorities. Now the defendant will get a limited period to make his initial reply in this regard. Now, the legal authorities will investigate what has happened to the infant in the hospital environment during the delivery time.


Nonetheless, the defendant or the hospital authorities will check what made the victim file this lawsuit against them. To be specific, the hospital authorities will check the basis of this case, evidence, witnesses, and any other essential documents and information collected by your lawyer.


Typically, at this juncture of every birth injury case, most of the hospital authorities or defendants tend to negotiate with the victim and their attorney for a settlement outside the court as they have now realized the severity of the birth injury case and chances of victory of the victim.


Usually, the birth injury lawyers work on a contingency-fee basis, that is, they will demand their fees as the victim gets the compensation amount. Under such work-model, the lawyer is bound to complete the case successfully on behalf of the victim. This kind of a work-model is acceptable to most of the birth injury attorneys because usually, the parents will not be in a position to afford the fees for the lawyer despite all hospital expenses incurred by them. Therefore, the lawyers tend to charge on a percentage basis, which the victim can pay upon winning the case. So, it is essential for the victim to look for the attorneys who can accept to work on contingency-basis.


Since birth injury cases are very complicated and entirely different from other types of regular cases, it is cumbersome for any attorney to suggest the compensation amount at the initial stage itself. Therefore, it is impossible to assure the victim what amount of compensation will be awarded.


In common, the birth injury victims can be awarded:

  • – Hospital expenses incurred during the delivery period and future medical expenses that you may incur for your child

  • – Expenses incurred towards physiotherapy and rehabilitation for your injured baby

  • – Compensation for emotional sufferings, trauma, anxiety, and pain you have suffered during the delivery period due to irresponsible actions of the medical professionals.

  • – Compensation towards loss of pay for the parents during while they were in the hospital and during the period to take care of their injured child

  • – Future expenses to be incurred for the special education and home care for the injured child.


However, getting compensation for all or any of the above-mentioned reasons will certainly differ from case to case. Not every case will be fit enough to get compensation on all the above-mentioned grounds. Therefore, we suggest that the birth injury victims look into every minute detail mentioned in this article to win the case and to get the compensation amount they deserve.

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