Birth Injury Breakdown: Types, Compensation, & Prevention

A baby’s first breath, holding them for the first time, and signing the birth certificate—these moments are all a part of the miracle of life and something every expecting parent can hardly wait to witness. However, what should be a wondrous and celebrated occasion, can quickly turn to a tragic experience for those who suffer the harrowing effects of a birth injury.

Common Types of Birth Injuries

A birth injury is legally defined as profound damage, injury, or death resulting from trauma to the baby or mother due to a direct act of negligence or malpractice during the birthing process, concluding that a medical professional failed to perform to the same level or skill of any other reasonable medical professional under the same or similar circumstances.

Birth injuries can range from slight injuries that may resolve themselves overtime to severe injuries that result in permanent physical and mental damage. The most common types of birth injuries include, but are not limited to:

  • Brachial palsy
  • Cerebral palsy
  • Facial paralysis
  • Improper c-section
  • Postpartum hemorrhage
  • Bruising or forcep marks
  • Heart defect
  • Fractures
  • Negligent diagnosis, treatment, or operation

Their effects are vast and troubling, affecting the baby, family, their expenses, livelihood, and beyond. From emergency procedures and lifelong treatments to medication and healthcare expenses, birth injuries present a multitude of obstacles and complications.

Albuquerque Birth Injury Compensation

Just as each birth injury case varies, so does its outcome and awarded compensation. However, in most cases, if proven that a patient/doctor relationship was established when the injury took place, the doctor acted negligently, and therefore, the injury was a direct result of their negligence, then you will most likely be awarded compensation for the following:

  • Medication, treatment, and procedure expenses
  • Doctor and hospital visits
  • Physical and occupational therapy expenses
  • Homecare accommodations
  • Counseling, psychological services, and special education costs
  • Emotional turmoil, pain, and suffering (non-economic)

Preventing Birth Injuries

Though not entirely avoidable, the risk of birth injuries may be lessened by following these simple tips:

  • Choose a qualified, trusted obstetrician
  • Seek prenatal care early and take prenatal vitamins
  • Follow doctor’s diet and exercise recommendations
  • Notify your doctor of any abnormalities
  • Openly discuss question and concerns with your doctor

If you and your family have endured the heartbreak of a birth injury, you deserve compassionate support and expert representation to fight for you. Learn how the lawyers at the Vigil Law Firm, P.A. in Albuquerque can help with your birth injury case or call us at (505) 243-1706.