Birth injury medical malpractice is one of the most severe and painful forms of negligence. When a child is born with brain damage, cerebral palsy, or a preventable nerve injury, the family needs a determined attorney to fight for them. Lev-Taieb Law Firm, with a Thousands of successful cases, specializes in birth injury and neonatal malpractice cases.
What Constitutes Medical Malpractice During Childbirth?
Delayed Performance of Emergency Cesarean Section
When the fetal monitor shows signs of fetal distress and an emergency cesarean section is not performed within 30 minutes, oxygen deprivation to the fetal brain causes irreversible injury. Every minute matters — a delay of 20 to 30 minutes can make the difference between a healthy child and permanent neurological damage.
Failure to Identify Fetal Distress
The cardiotocography (CTG) monitor is designed to detect changes in fetal heart rate that signal distress. Improper interpretation of the monitor tracing, failure to summon a senior physician in time, or failure to escalate care are common forms of negligence.
Improper Use of Assisted Delivery Instruments
Use of vacuum extraction (ventouse) or forceps can cause skull fractures, intracranial hemorrhage, brain damage, and Erb’s palsy. These instruments require specialized training and careful, judicious application.
Failure to Manage Postpartum Hemorrhage
Postpartum hemorrhage (PPH) is a life-threatening emergency. Delayed diagnosis, failure to administer appropriate medications, or delay in surgical intervention can cause irreversible harm to the mother.
Failure to Perform Essential Prenatal Examinations
Failure to identify a high-risk pregnancy, failure to perform required ultrasound examinations, or failure to refer to a maternal-fetal medicine specialist may lead to serious and preventable birth complications.
Results Achieved in Birth Injury Cases
Our firm has managed dozens of birth injury malpractice cases. Compensation awards in this area are among the highest, because the harm to the child accompanies them throughout their lifetime. Compensation covers medical treatment, rehabilitation, assisted living, and loss of future earning capacity.
How to Proceed When Birth Injury Malpractice Is Suspected
- Contact us as early as possible for a legal consultation.
- Request a complete copy of the birth file from the hospital.
- Preserve all medical records relating to the pregnancy and hospitalization.
- Document all symptoms and developmental milestones of the child.
Free initial consultation: Our Medical Malpractice page or call: 072-2428822.
Frequently Asked Questions About Birth Injury Malpractice
What is birth injury malpractice?
Birth injury malpractice is a failure by the medical team to meet the applicable standard of care, causing harm to the baby or mother — for example: delayed cesarean section, improper use of vacuum extraction, or failure to identify fetal distress.
What compensation is available for neonatal brain damage?
Compensation in neonatal brain injury cases can reach tens of millions of shekels, reflecting lifelong care costs, loss of earning capacity, and assisted living expenses.
What is the limitation period for filing a claim?
For minors, the limitation period begins at age 18 and expires at age 25. However, it is important to contact us as early as possible in order to preserve evidence.
Can cerebral palsy result from malpractice?
Yes. Some cases of cerebral palsy are caused by oxygen deprivation to the fetal brain during childbirth due to medical negligence. Early detection of fetal distress and prompt intervention can prevent this outcome.
Can a claim be filed for injuries suffered by the mother during childbirth?
Yes. Maternal injuries such as severe perineal lacerations, uterine damage, postpartum hemorrhage, and nerve injuries may constitute malpractice and entitle the mother to compensation.
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