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Do Birth Injuries Count as Medical Malpractice?

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Do Birth Injuries Count as Medical Malpractice?

Do Birth Injuries Count as Medical Malpractice?

Finding out your baby sustained injuries during your birth is a difficult realization to face. You may wonder who was at fault for this. The unfortunate reality is that many birth injuries are caused by medical staff during procedures and methods improperly carried out during the delivery process. Proving this type of medical malpractice can be difficult on your end because focusing on doctor mistakes during your delivery is close to impossible with all the pain and everything happening at once. Consider talking to a Delaware medical malpractice lawyer to figure out what steps you can take in this situation.


There are several types of birth injuries that can happen. Some involve bone fractures, while others may include damage to the brain or other organs. The most common types of birth injuries include:

  • Head Trauma: Cracks in the skull and scalp swelling called caput succedaneum.
  • Nerve Injuries: Damage to the facial nerves caused by forceps that lead to a loss of movement in the face. Stretched cervical nerve roots can lead to shoulder dystocia, weak upper arms, paralyzed hand muscles, complete arm paralysis, and brachial palsy.Do Birth Injuries Count as Medical Malpractice?
  • Spinal Cord Injuries: These injuries are caused by excessive rotation during delivery and can induce bladder or bowel problems, movement difficulties, or death.
  • Soft Tissue Injuries: Bruising and lacerations are common.
  • Skeletal Injuries: Clavicular fractures are the most common, followed by fractures to the femur and ribs.
  • Hemorrhages: Hemorrhages have been known to happen in the liver, spleen, adrenal glands, and cranium.

Being aware of the kinds of injuries that can happen is important for identifying the type of injury your baby sustained. Talk with your doctor if you suspect any injuries to make sure these details are officially recorded on your medical record. The medical record will play a huge role in your malpractice claim.  


Taking action after a birth injury requires collecting all the relevant evidence for a medical malpractice lawsuit. At this point, you must have strong suspicions or direct evidence of injuries to your baby. This process requires obtaining a copy of your medical records, making sure a doctor includes the causes of the birth injuries, and consulting with a medical malpractice lawyer to see what other steps you can take. 

Common causes of birth injuries are premature births and the misuse of medical devices like forceps or vacuum delivery. Identifying the cause of your baby’s birth injuries is a key component of your medical malpractice claim. 


Figuring out the cause of the birth injury can be difficult because of how many complex things happen during delivery in such a rapid way. Doctors may work against you by denying what happened or hiring their own legal team to fight against your claim. When you find yourself blocked by all these factors, consider seeking counsel from a Delaware personal injury lawyer with experience in birth injury claims. Call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. You could be eligible for significant compensation. Our offices are located in Wilmington, Delaware. 

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