Medical Malpractice: Did Your Doctor Injure Your Child During Birth?

Medical Malpractice: Did Your Doctor Injure Your Child During Birth?

Charlotte NC Medical Malpractice Lawyer

Injuries to a newborn baby that occur during delivery can affect both the child and the parent for their entire lives. Injuries to the child vary in severity and can consist of minor injuries, injuries that can lead to disabilities in cognitive development in the child, or can even lead to the death of the child. According to a study performed by the Agency for Healthcare Research and Quality (AHRQ), the most common and preventable injuries that occur during childbirth are broken collarbones, infections, and head injuries. The AHRQ study states that every 2.29 births out of 1,000 results in a physical injury to the newborn that would have been prevented had the delivering doctor followed correct procedure.

Proving Your Doctor’s Negligent Delivery-Room Actions

If your child has sustained an injury due to the doctor’s negligence in the delivery room, his or her actions would be considered “medical malpractice.” Medical malpractice cases are civil actions called “torts.” Every tort has the following four elements:


In most medical malpractice cases, the existence of a duty is the simplest element to prove because the doctor is treating the patient. In a medical malpractice case, the doctor owes a duty of care to the mother, the unborn child, and the father because the doctor’s actions will affect each of the three parties.

Breach of Duty

Once a duty of care is owed, the doctor’s actions must conform to the skill reasonably expected under similar circumstances. This means that the delivering doctor must act with the same level of care as other doctors would in his or her position. It is usually a jury’s job to determine whether the delivering doctor breached his or her duty by straying from appropriate procedure.


Usually, if the doctor’s negligence was the cause of the harm to the patient, the causation element will be satisfied. However, there are many considerations which each case must inspect in order to determine whether the doctor’s acts were the cause of the injury. An example of such is whether the doctor was acting in response to a medical emergency.


The final element that must be shown is that as a result of the doctor’s negligent actions, the plaintiff or plaintiffs suffered damages. Damages can differ depending on many different circumstances such as the party and whether the numbers are easily calculable. For example, an easily identifiable damage would be past medical bills. On the contrary, it may be difficult to determine pain, suffering, and loss of earning potential of an injured newborn.

Contact an Attorney at Bice Law LLC

If you or a loved one is injured in North Carolina or South Carolina as a result of a doctor’s seemingly negligent actions, contact an experienced personal injury attorney by calling (855) 5-BICE-LAW or online to schedule a free consultation. An experienced personal injury attorney at Bice Law, LLC knows the laws pertaining to medical malpractice and will help you to understand the legal process during a difficult time. Our attorneys are available 24 hours a day, seven days a week to answer any questions you may have regarding your possible lawsuit. Having a seasoned attorney on your side can provide comfort and a sense of understanding throughout the difficult legal process.

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