Regulations for Birth Negligence Claims

Birth negligence claims are among critical medical malpractice litigations. Birth negligence is a general term that covers a variety of errors and malpractices resulting in some minor to major injury to mother, baby or bothduring pregnancy or birth. Some birth related injuries are minor and disappear after certain time, while some injuries are damaging and long-lasting. As pregnancy and childbirth is a sensitive process that is not free of risks and complications – some injuries are not preventable despite providing quality medical care and treatment. Thus, birth negligence claims are valid only for those injuries that could have been prevented if medical practitioners had performed up to medical care standards.

Birth negligence claims pop up for different kinds of birth related injuries. Among most usual birth injuries are included cerebral palsy, brachial plexus, bone fractures, paralysis, bruising, caput succedaneum, forceps tears, cephalohematoma, and subconjunctival hemorrhage. Mild swelling or bruising usually disappear in just few days, however, the conditions are cerebral palsy are permanent injuries caused by birth related medical malpractices. Birth negligence claims are weighed in terms of severity and extent of birth injuries – if damages are of permanent nature and cannot be completely cured, claimants are awarded heavy compensations upon winning.

One most critical element of birth negligence claims is proving the cause and effect of negligence. It simply implies that claimants are required to show that the alleged doctor owed a duty of medical care towards the victim that he performed negligently, and that birth injuries are directly linked with this negligent practice. Birth negligence claims would be invalidated if no link is established between alleged injury and negligence. So, if you want to secure your compensation winning, you should not risk your claim with inexpert handling. Since there are so many legal and medical niceties involved in litigation process, you should seek a specialized legal guidance for pursuing your birth negligence claims.

Time regulation must also be considered for litigation process. Law allows the negligence victims to make birth negligence claims only within specific time duration. It varies from state to state, but generally this period is of three years. However, if birth injury victim is a newborn and his parents do not pursue any legal claim within standard time limitation, he can himself start legal claim process upon the age of maturity. In other words, the victim child can claim compensations for his birth injuries as soon as he is 18 until he reaches the age of 21. 


As soon as birth negligence claims are reported, an expert healthcare practitioner is appointed to conduct an independent examination of negligence case. If claims pass the medical investigation done by independent medical experts, court decides in favor of the claimant and makes the liable party pay for all the damages done by their malpractice. If unfortunately birth related negligence has caused a child suffer lifelong disabilities, the compensation of birth negligence claims will include lifetime care and maintenance for the victim. Moreover, if medical treatment is possible for birth injuries, funds will also be provided to bear medical expenses.