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Are Birth Injuries Medical Malpractice?

are birth injuries medical malpractice

All types of birth injuries qualify as medical malpractice.

An injury to a child during birth can be devastating and severe with lifelong consequences. When that injury is caused by a health care provider’s negligence it becomes a heartbreakingly avoidable tragedy. The difficult question is whether a birth injury was the result of medical malpractice and if so, what do you do now?

Contact a Lawyer

If you suspect your child’s birth injury occurred as a result of medical malpractice you should contact a medical malpractice lawyer immediately. The right attorney will be able to review your case and contact an expert medical doctor to determine if there is an instance of negligence. In order for an injury to be considered medical malpractice there must be a violation of accepted standards of care. An expert medical doctor will look closely at your case and offer their opinion. This is a necessary step to filing a medical malpractice claim in the state of Maryland.    

Types of Birth Injuries

These common birth injuries can result from medical malpractice.


  • Birth Asphyxia: If a child is deprived of oxygen during birth it can result in lifelong disability, brain injury, or worse.
  • Erb’s Palsy: A condition of the shoulder that can affect arm movement and sensation.
  • Cerebral Palsy: Cerebral Palsy refers to a group of chronic conditions that can hinder or totally inhibit the motor skills of the body and the coordination of the muscles. This condition can occur as a result of damage to specific areas of the brain during fetal development, birth, or infancy.
  • Forceps and Vacuum Delivery: Forceps and vacuum delivery are both tools sometimes used during birth. If used incorrectly, these tools can cause significant injury to a child.
  • Kernicterus Caused by Jaundice: With this condition, the chemical that causes jaundice, a very common temporary yellowing of a newborn’s skin and eyes, moves to brain tissue and causes lifelong issues. If a doctor fails to recognize and diagnose Kernicterus it may be ground for a medical malpractice claim.
  • Shoulder Dystocia: This wholly preventable condition occurs when a child’s shoulder is unable to emerge from the birth canal. Aggressive pulling of the child to free them from the birth canal can cause potential complications that can lead to cerebral palsy.


Need Representation for Your Medical Malpractice Claim? Call 410-THE-FIRM!

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website,, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.

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This entry was posted on Friday, February 24th, 2017 at 6:35 pm. Both comments and pings are currently closed.

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