Birth Injuries as a Result of Medical Malpractice

Birth injuries stemming from medical malpractice may be one of the most devastating and emotionally distressing types of cases that we have ever encountered. Not only does it take a thorough understanding of the patient’s legal rights with respect to applicable laws, but also have some knowledge or connection to the medical procedures involved.

Medical malpractice is often linked to the doctor or nurse’s inaction to prevent an accident or another issue that caused the baby’s injuries or death. One of the most common types of birth injuries cases involve brain injuries to an infant. This can happen when the baby is deprived of oxygen, such as in cases where the umbilical cord wraps around the baby, cutting off oxygen delivery. It can also occur due to severe blood loss.

Brain injuries can result in the following:

  • Brain damage
  • Lifelong seizure disorder
  • Cerebral palsy
  • Mental impairment or disability


In a case such as the one we noted above, you might be wondering how can one avoid such an incident, when it does seem to have occurred purely by accident? First, doctors must anticipate complications at any given moment, and also be prepared to respond to them. If the umbilical cord was constricting or entrapping the infant, they might be committing malpractice by failing to recognize this error.

Injuries can also occur during delivery and even afterward. If the doctor is using forceps to assist with delivery and applies too much pressure to the head, then the baby’s nerves can be damaged and result in paralysis of the facial muscles. In some severe cases, paralysis may require surgery to repair the damaged nerves or worse, long-term paralysis.


To prove that malpractice occurred, we must prove that the actions of the doctor, nurse, or other healthcare provider failed to meet the applicable standard duty of care as expected in their position, which then resulted in the injury. Many birth injury cases can be complex cases to litigate, but you may have a solid case due to the fact that the majority of the injuries could have been prevented at the onset.

Glenda Cochran Associates Attorneys at Law are experienced attorneys with more than 25 years of experience advocating for the legal rights of injury victims. If you have a case ready to review, do not hesitate to contact us for a free case review! (888) 906-3955