A birth injury is defined as harm suffered by a baby during pregnancy or delivery, or upon birth. It can range from cuts and bruises to severe injuries that result in a baby’s death.
Not all birth injuries are a result of medical malpractice. However, the incidence of avoidable birth-related injuries is alarmingly high in South African state hospitals.
Nothing can make up for the tragic injury of a baby, especially if this could have been prevented. However, successful birth injury claims can provide victims with financial redress.
Common types of birth injuries
Brain injuries are among the most common birth injuries. These often result from oxygen deficiency during pregnancy or delivery.
Typically, the longer the length of oxygen deprivation, the more severe the damage to a baby’s brain.
Hypoxic injury, which is a partial loss of oxygen, and anoxic injury, which is a total loss of oxygen, can both result in permanent brain damage. They’re a common cause of cerebral palsy in babies.
Other common types of birth injuries include:
- bone fractures
- Erb’s Palsy/Brachial Plexus Palsy
- spinal injury
- facial paralysis
- cervical dystonia
- cuts, bruises, abrasions and haemorrhages.
These birth injuries can all result from natural causes. However, if a birth injury is the result of medical negligence, you can claim compensation.
Common examples of negligence
Common forms of negligence on the part of a medical practitioner include:
- failure to observe and monitor fetal and/or maternal distress
- failure to diagnose medical issues, or failure to provide the correct diagnosis
- the use of incorrect methods when delivering the baby, including the use of excessive force
- failure to perform an emergency C-section when needed
- not taking the necessary steps to prevent pre-term labour
- failure to treat maternal infections and other medical conditions that can affect the baby’s well-being.
Filing a personal injury claim for a birth injury
Has your baby suffered injury or harm at the hands of a doctor or hospital?
A successful birth injury claim may provide compensation for past and future medical expenses and, in some cases, for general pain and suffering.
It also serves as an important reminder to those responsible for the injury: take medical negligence seriously.
What to expect when making a birth injury claim
A medical malpractice claim may be brought against the state (in the case of injury at a state hospital), a private hospital or specific healthcare practitioners.
In South Africa, a judge will decide whether this party is liable for a birth injury and what compensation you’re entitled to receive.
Find out more in our article about what to expect from the legal process involved in claiming for medical malpractice.
Evidence to support a claim
If your baby has suffered a birth injury as a result of negligence, it’s important to keep all medical records associated with the birth.
Also record any other details that might be relevant, such as the names of relevant healthcare staff, details of what you were told at different points and a record of events, outlining exactly what occurred.
Then seek legal assistance as soon as possible.
Contacting a personal injury attorney
If you may have a birth injury claim, contact us at DSC Attorneys for the best possible legal assistance.
How DSC Attorneys can help
If you think you have a claim, contact us and an attorney with extensive experience in the field of medical malpractice can help you build a strong case, so that you receive fair compensation for your baby’s injury.
At DSC Attorneys, we offer a free first consultation and work on a “no win, no fee” basis, so you can file a claim without paying any legal fees upfront.
