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Birth Injury - Answers and Information
Determining Fault

Determining Fault


Determining Fault

It may be difficult to determine fault in a birth injury case. Unfortunately, birth injuries can and do occur that are not the fault of the doctor or mother. If an individual’s case is the result of medical malpractice or negligence, he or she is entitled to compensation.

A birth injury can occur when a medical professional neglects to recognize complications that a woman or her baby may develop during pregnancy or delivery. Conditions that cause complications may include:

1. Large babies with a birth weight of over 8 lbs 13 oz

2. Premature birth

3. Rupture of the mother’s membranes prematurely

4. Cephalopelvic disportion defined as the mother’s pelvis being an insufficient shape and size for the baby to be born vaginally

5. Prolonged labor

6. Atypical birth presentation

7. Umbilical cord entrapment or fetal distress

8. Shoulder dystocia, which is when the baby’s shoulder gets wedged behind the mother’s pubis because he or she is too big to fit through the mother’s birth canal


If you think you might have a Birth Injury case, Contact our Birth Injury Lawyers Immediately for Help.


Birth Injury Resource Center

  • Types of Birth Injuries and Their Causes

    A list of the developmental defects resulting from birth injuries. 

  • Treatment and Care

    Information on the forms of treatment for children with cerebral palsy due to birth injury.

  • Answers and Information

    Answers to frequently asked questions about Birth Injury.

  • Legal Issues

    An overview of the legal issues relating to Birth Injury.

  • Cerebral Palsy

    An overview of the types of cerebral palsy, treatment options, signs of cerebral palsy and how to care for a child with a cerebral palsy birth injury.

Find a Birth Injury Lawyer by State

Find an Birth Injury Attorney

We offer many ways to find Birth Injury lawyers in order to best match up our lawyers with prospective clients. Detailed Birth Injury lawyer videos help you learn more about different attorneys and their Birth Injury practices.

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November 21, 2009
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