Pursuing Justice on Your Behalf

Did My Child Suffer a Birth Injury?

A baby sleeping and holding a parents hand

When parents notice their child misses developmental milestones, they may think their child developed a birth defect while in the womb. All too often, however, babies’ developmental disabilities are caused by birth injuries. Birth injuries occur during the labor and delivery process, and are frequently the result of medical malpractice. Understand the difference between birth defects and birth injuries, and what you can do if your child suffered a birth injury due to medical malpractice.

The Difference between Birth Defect and Birth Injury

Birth defects and birth injuries are not one and the same. A birth defect is a problem that a baby develops in the womb based on their DNA. Examples of birth defects include Down Syndrome, a heart murmur, or other health problems stemming from a DNA mutation.

A birth injury, on the other hand, is a health problem a baby is born with that’s usually preventable. Most birth injuries occur during the labor and delivery process and sadly, many are the result of medical malpractice.

Examples of birth injuries caused by medical malpractice include:

  • Pulling or twisting the infant improperly during delivery.

  • Improper use of birth-assisting tools, including forceps and vacuums.

  • Administering the wrong type or wrong amount of medication to the mother during pregnancy or labor.

  • Failure to monitor the infant properly for distress.

  • Failure to perform an emergency C-section when necessary.

Get Help for Your Injured Child

If you believe your child suffered a birth injury as a result of medical malpractice, don’t wait. Medical malpractice actions must be commenced within two years from the date the injury occurred, or within two years from the date the injury was detected.

Our Charleston personal injury attorneys have 75 years of combined experience and are rated in the highest category by numerous peer review organizations. We’re not afraid to go to trial to fight for your injured child.

If your child suffered a birth injury due to negligence or medical malpractice, contact Berthold Law Firm, PLLC at (304) 605-2040 for a free case consultation today!

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