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Brain Injury During Birth: Proving Medical Malpractice & Negligence

Brain Injury During Birth: Proving Medical Malpractice & Negligence

Brain Injury During Birth

Traumatic Brain Injury During Birth in infants is a heartbreaking and all-too-common experience for many new parents. There are an array of causes, including Cerebral Palsy, hypoxic ischemic encephalopathy, brachial plexus palsy (Erb’s palsy), and others, which can be the result of breech-birth complications, C-section injuries, or medical malpractice negligence—or a combination of these and other factors. Traumatic brain injuries (TBIs) in particular have been reported as the leading cause of death and disability in children, with instrumental delivery being noted as a major cause.1 

Infants may sustain a brain injury, abnormal brain development, or both due to improper care and treatment during birth. For example, mechanical birth assistance, whether through the use of forceps or Vacuum Extraction (VE), can result in birth injuries. Vacuum-assisted delivery has been documented as a cause of intracranial bleeding in newborn infants. 2 

Proving medical malpractice negligence in cases involving Traumatic Brain Injury during birth requires legal review of the actions of doctors, nurses, and other medical staff involved with the birth of the child. Showing that the established standard of care was not met and resulted in injury to the child is critical. In order to ensure that parents receive fair compensation in their traumatic brain injury birth injury negligence settlement, the skills of an experienced legal team should be sought. Compensation must be suitable so that parents can afford care and services for their child, particularly when required care and services will be ongoing. 

Children who have sustained a Traumatic Brain Injury during birth may require physical therapy, surgery, other forms of rehabilitation, or a combination of these to achieve improvement, and in some cases substantial physical and emotional after-effects may be lifelong. As such, having appropriate, effective support and resources is essential for the best outcome. 

Meeting with an experienced Florida birth injury lawyer for an initial consultation is an important step. Research information about lawyers who specialize in birth injuries, or if possible, who specialize in Traumatic Brain Injury or the particular type of birth injury affecting your child. 

Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in Miami Florida birth injuries including Traumatic Brain Injury. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.


1 Ciurea, A. V., Gorgan, M. R., Tascu, A., Sandu, A. M., & Rizea, R. E. (2011). Traumatic brain injury in infants and toddlers, 0-3 years old. Journal of medicine and life4(3), 234–243.
2 Ekéus, C., Högberg, U., & Norman, M. (2014). Vacuum assisted birth and risk for cerebral complications in term newborn infants: a population-based cohort study. BMC pregnancy and childbirth14, 36. https://doi.org/10.1186/1471-2393-14-36

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