Some birth injuries cannot be avoided, but many others can

As many Delaware parents know, any number of issues can arise during pregnancy or delivery. Some of these issues result in unavoidable injuries to the infant or the mother. However, many other birth injuries are the result of an error made by a member of the medical team attending to the mother and/or the child.

Birth defects or other irregularities that are not due to mistakes occur in approximately seven percent of all births. Yet, it is estimated that for every 1,000 births that occur here in the United States — including many here in Delaware — five of the infants born will suffer an injury during the birth process. Therefore, a significant number of infants who suffer birth injuries could have been the victims of a medical mistake.

If mother and child received care that falls below accepted standards of care, it could be considered medical malpractice. If the physician who is accused of making a mistake is an obstetrician, he or she could be held to a higher standard due to the fact that obstetrics is a specialty. Medical professionals would review the circumstances surrounding the injuries and present their findings to the court if the case goes to trial. 

Any restitution received from a successfully litigated claim could be used to provide for the medical and other needs of the child as he or she ages. Delaware parents may also seek damages such as emotional distress in a birth injuries claim. Because the future needs of a child are at stake, it would be beneficial to seek the advice and assistance of an attorney who understands the complexity of these cases and will work for the best interests of the child and the parents.

Source: FindLaw, “Birth Injury FAQ“, Accessed on Oct. 7, 2016