In the United States, roughly 27 out of every 1,000 births result in some kind of a birth injury. A birth injury is defined as any type of injury to the baby before, during or after birth. However, injuries are not limited to that of the baby and birth injuries can also be sustained by the mother. Complications can arise any time during the pregnancy, labor and birth and can vary from minor injuries to the death of the child and/or mother.

Childbirth is a complicated process and without proper medical attention, can be life-threatening to both mother and child. Although some birth injuries are minor, such as temporary paralysis, broken bones, skin irritations, Brachial Palsy and swelling, the more serious injuries can lead to cerebral palsy, erb’s palsy, brain damage and even death. Most of the more severe injuries happen when the baby’s brain is deprived of oxygen, and, although there are natural circumstances that can lead to oxygen deprivation, in many birth injury cases medical malpractice cannot be ruled out.

Some of the common problems during the birth are: delay in performing a necessary caesarian, complications due to vaginal birth after C-section (VBAC) and the misuse of forceps and/or vacuum extraction apparatus. These problems can be aggravated by mistakes made by doctors, nurses, other medical staff and/or the hospital. To launch a successful medical malpractice suit involving birth injuries, it is important for the plaintiff to detail all happenings, obtain all medical records and make note of all medical staff involved in the care.