What is Considered a Birth Injury Under Oregon Law?

The birth of a child is one of the happiest moments of a parent’s life. But when a birth injury occurs, this joyful occasion can quickly become filled with fear, anxiety, and uncertainty. Although birth injuries are relatively uncommon, they can require extensive medical treatment and lead to lifelong disability. If your child was harmed during the labor and delivery process by a medical professional’s negligence, you may be entitled to file a medical malpractice lawsuit to ensure the provider is held accountable for their carelessness.

Key Takeaways

• A birth injury is considered medical malpractice when a healthcare provider fails to meet the accepted standard of care, and deviates from what another professional would have done in similar circumstances.
• To give rise to a claim for medical malpractice, a birth injury must have stemmed from preventable mistakes made during labor and delivery.
• If you can establish that a birth injury was caused by a medical provider’s negligence, you may be entitled to recover a wide range of damages on behalf of your child and yourself by filing a medical malpractice lawsuit.

What is Considered a Birth Injury?

A birth injury is physical harm that occurs to an infant during the birth process. While some birth injuries are minor and resolve over time, others can require lifelong medical care. Not to be confused with birth defects, which develop in the womb and are caused by genetic and environmental factors, birth injuries are caused by trauma during labor and delivery. In many cases, birth injuries are unavoidable despite appropriate medical care and intervention. However, in other situations, they can be caused by preventable medical errors.

When is a Birth Injury Considered Medical Malpractice?

It’s important to understand that a birth injury isn’t always the result of medical negligence. However, a birth injury may rise to the level of medical malpractice when a healthcare provider (such as a doctor, midwife, nurse, obstetrician, or other medical professional) deviates from the accepted standard of care that another medical professional would have adhered to in similar circumstances.

To give rise to a claim for medical malpractice, a birth injury must have stemmed from preventable mistakes made during labor and delivery. Errors that may constitute medical negligence can include mismanaged oxygen deprivation, misuse of delivery tools, failure to recognize signs of fetal distress, and delays in performing an emergency C-section. Doctors are generally not legally liable for genetic conditions and birth injuries that could not have been prevented.

Common Examples of Birth Injuries Caused by Medical Malpractice

During labor and delivery, healthcare professionals must carefully monitor both the mother and child and respond quickly in the event complications arise. There are a wide range of conditions that can arise in the event a medical provider failed to recognize signs of distress or delayed taking appropriate action. Some common examples of birth injuries caused by medical malpractice can include the following:

• Spinal cord injuries: Spinal cord injuries can arise during birth in a variety of ways, including excessive force and traction, or improper use of forceps or vacuum extractors. If the baby is too large to fit through the birth canal, failure to timely order a C-section can also increase strain on the spine. Spinal cord birth injuries caused by medical negligence can result in total or partial paralysis, permanent nerve damage, and lifelong disability.
• Cephalohematoma: Cephalohematoma refers to a collection of blood beneath the membrane covering the skull. While this condition can sometimes occur during difficult deliveries, it can also be caused by medical malpractice when a doctor fails to monitor for fetal distress, excessive traction is applied to the baby’s head, or obstructed labor is prolonged.
• Erb’s palsy: Erb’s palsy is a form of paralysis or limited range of motion caused by damage to the upper group of nerves in the brachial plexus. While it can occur naturally during difficult deliveries, it may constitute medical malpractice in cases where a doctor failed to recognize risk factors that would warrant a C-section or improper traction is used while delivering the baby’s shoulders.
• Hypoxic-Ischemic Encephalopathy (HIE): HIE is brain damage caused by oxygen deprivation during labor and delivery. This condition can arise due to a medical professional’s failure to recognize and respond to an infant’s distress signs, improper management of umbilical cord prolapse, and failure to perform a timely C-section. While the window for medical intervention is very limited when it comes to oxygen supply, even just a short delay can result in permanent injury.
• Cerebral palsy: Cerebral palsy is a brain condition that permanently affects body movement and coordination. In severe cases, it can cause developmental delays, seizures, and permanent disability. There are many medical errors that can lead to cerebral palsy, including those related to oxygen deprivation, improper instrument use, untreated infections, and anesthesia errors.
• Head and skull injuries: Although head and skull injuries during labor are not always caused by medical malpractice, they can be linked to medical negligence when a healthcare provider fails to act or respond to complications appropriately.

In cases where the above injuries were preventable and caused by medical negligence, you may be entitled to recover monetary compensation, and hold the medical provider responsible for their wrongdoing, in a medical malpractice lawsuit.

What Damages Are Available for Birth Injuries Caused by Medical Malpractice?

Although no amount of money can undo the harm suffered by your child due to a medical provider’s negligence, and the anguish you feel, there are a wide range of damages that may be awarded in a medical malpractice case for a birth injury. While birth injuries can lead to the need for lifelong medical treatment and the inability to work, you may be entitled to recover compensation for future medical care and loss of future earning capacity on behalf of your child, along with monetary recovery for their pain and suffering.

Parents may also be able to recover for their own financial losses, such as the past and current medical bills incurred for hospital visits, diagnostic testing, physical therapy, and other treatments. Other recoverable damages can include the pecuniary losses associated with specialized childcare, making modifications to the home, and lost parental wages. In certain situations, a parent may also be eligible to recover for emotional distress and loss of consortium due to not being able to have a typical parent-child relationship.

Contact an Experienced Oregon Medical Malpractice Attorney

If your child suffered a birth injury caused by a healthcare provider’s negligence, it’s crucial to have the representation of a knowledgeable medical malpractice attorney who can help you recover the compensation you and your child deserve. Serving Oregon, Washington, and Idaho, the Fraser Law Firm is committed to assisting families and children who have suffered birth injuries secure the maximum monetary recovery to which they are entitled. Contact the Fraser Law Firm today to schedule a free consultation and learn how we can help.