Injury caused by trauma to a baby or his mother due to negligence, medical malpractice or law in hospital policy during birth is called birth injury. In other words it means that the professional attending to the case failed to use appropriate care and lacked the skill to perform the procedure successfully.
The law is a part of the medical malpractice law and also includes incompetency of the medical practitioner in charge of the procedure. Negligence in the prenatal care (before the birth of the baby) can also be classified under this law. Birth injuries are of two types – anoxia and dystocia. Anoxic brain injury is the failure on part of the medical professional to monitor the birth and order an emergency surgery in time. Dystocia is the improper handling of the baby during the delivery process resulting in various physical and mental abnormalities.
In order to claim their negligence, the plaintiff has to prove that:
Three common defenses are available to a defendant in case of birth injury accusation.
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