A recent incident of a birth injury claim happened on July 8, 2014 when the parents of Maverick Ramseyer filed a case seeking $40 million from three doctors for their son’s cerebral palsy. A trial will be held on 2015. About 20 percent of cerebral palsy cases are because of medical malpractice.
Determine if birth injury was caused by medical malpractice if one (or more) of the following incidents occurred:
Injury to the mother or child during pregnancy or delivery
If the mother is injured – the mother can file a medical malpractice if the doctor was negligent and careless, which caused her injury during birth (such as failure to treat her high blood pressure)
If the infant is injured – if the infant is injured due to the doctor’s incompetent surgical skills, the parents can file a lawsuit against the doctor
Emotional injury to parents – the parents may also sue the doctor for their painful experience and their baby’s
Wrongful birth – when parents are not informed of their baby’s possible birth defects in which they could have decided to terminate the pregnancy and avoid the birth injuries
Wrongful pregnancy – when the parents try to avoid a pregnancy, but it’s continued. The parents may claim medical malpractice to the negligent doctor for continuing the unwanted pregnancy. This may be due to failed operations like abortion, pregnancy testing, and sterilization. However, thee damages that could be recovered with this case depends on the state.