Types of Medical Malpractice Insurance

Birth Injury


Most Common Birth Injury Malpractice Cases 

Birth injuries are those that cause damage to the child before, during, or after the birthing process. Data indicates that of every 1,000 infants born in the U.S., approximately 1 in every 9,714 people are born with a birth injury. Not all birth injures are caused by medical malpractice or negligence, however, many could have been prevented with more diligence and caution.

Some of the most common birth injuries include brachial palsy injuries, facial paralysis, brain injuries, fracture, cephalohematoma, caput succedaneum and spinal cord injuries. Injuries leading to a birth injury lawsuit can happen for a number of reasons including, but not limited to:

  • Failure in prenatal care
  • Improperly managed labor
  • Failure to recognize fetal distress
  • Failure to perform timely cesarean section
  • Delayed birth
  • Failure to recognize neonatal hypoglycemia


Which Specialties Are Affected the Most?

Needless to say, events during labor and delivery fall under the care of an OB/GYN. According to data from the 2017 Medscape Report, OB/GYNs are amongst the top ten specialties most often involved in malpractice lawsuits with 85% of responding OB/GYNs being sued during 2017.


What Can Practitioners Do to Limit the Occurrence of Birth Injury Cases?

In order to prevent birth injury malpractice, OB/GYNs can implement the following:

  • Ensure labor and delivery staff is properly trained
  • Implement better pipeline to identify at-risk mothers before delivery
  • Increased education and practice drills for complicated births
  • Increased proactive prenatal care
  • Actively check in on patients (mother and child) to asses their status during the delivery

Labor and delivery are stressful enough for patients and practitioners without the added worry of birth injuries and the risk of a birth injury lawsuit. Although everything that can go wrong during labor and delivery is unpredictable, it's important to have safeguards and procedures in place to reduce the occurrence of medical negligence during child birth. OB/GYNs, protect yourself. Be prepared with a comprehensive plan in case of emergencies and be sure you are covered in case of a birth injury lawsuit.

Read more about common types of medical malpractice cases here.