Birth injuries may be caused by many things, including medical malpractice during the entire pregnancy and birthing process. According to Injury Lawyer News, “When an expectant mother receives prenatal care, an important component of that care is assessing her risk of labor and delivery complications, based in part on her history of past pregnancies” This means that mothers should be informed of any potential risks that may arise during labor and be given alternative options, long before their date at the delivery room.
This wasn’t what happened in a 2012 case, where a mother’s newly born suffered a birth injury which could’ve been prevented entirely. The mother had a previous history of giving birth to children who suffered from shoulder dystocia, making this a known risk factor for future labor and deliveries. However, she was not informed of this risk prior to her latest delivery, and was not presented with a C-section option, which could have averted the birth injury.