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Medical Negligence During Childbirth

The anticipation of a child’s birth is a parent’s dream. Even before conception, couples plan every step carefully from deciding where to live, to the age they want to be when their child enters college. What does not enter into their plan, however, is if the doctor or nurse makes a terrible mistake and causes injury to the child during labor and delivery.

A mistake before or during childbirth can change your child’s life and your life forever. Conditions such as cerebral palsy, Erb’s Palsy and brachial plexus require a lifelong commitment of care that you do not expect to provide.

Birth injuries can relate to a pre-existing condition or an illness. If a doctor or nurse caused your child’s injury, you may have a claim for medical malpractice. Some situations that lead to birth injuries are caused by the failure of the medical professionals to:

  • Order a C-section
  • Administer Pitocin correctly
  • Expect birth complications
  • Stop bleeding
  • Monitor fetal distress
  • Monitor umbilical cord entrapment
  • Use instruments correctly

There is no doubt that your disbelief and grief will quickly turn to anger directed at the doctor or nurse responsible for your child’s injury. Your anger may intensify with the mounting medical bills and changes to your life that you will have to make. Suing the responsible party may not be one of your first thoughts, but it will help to provide for your child’s future needs and cover medical bills.

Although birth injuries are difficult to prove, the evidence and facts will speak for themselves. Researching your child’s birth injury and treatment may offer you a measure of control. Contact an attorney as soon as you feel comfortable so he or she can begin gathering evidence such as medical records and doctor’s notes. A compassionate yet aggressive medical malpractice birth injury attorney who specializes in birth injuries would be a wise choice to help you. Joining a support group would be a good idea also.

Michael Monheit

Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm founded by...


  • birth injury

    Suffering an injury during what is meant to be one of the most joyous experiences of your life is a terrible thing. No amount of compensation can ever replace the damage that may have been caused by a birth injury, but with a successful birth injury compensation claim, you will at least have the funds for adequate support and financial stability.