Not all birth injuries can be considered medical malpractice. Medical malpractice requires that it be proven that but for the negligent action or inaction of the medical professional, the injury would not have happened. There are other factors that may have led to the injury.
There are many types of birth injuries, and in most cases, they occur when there is some difficulty in the delivery. The birth injury can be mild such as some minor bruises, or it could be severe, such as traumatic brain injury. Some of the milder birth injuries that eventually resolve itself over a short time include forceps marks on the face and head, lacerations, subconjunctival hemorrhage, caput succedaneum, cephalohematoma, and those involving the brachial plexus. However, any of these injuries can be life-changing or -threatening if they are carried to extremes.
More serious birth injuries include fractures, brain trauma, and facial paralysis. Any of these will require intervention and close monitoring, and may nonetheless result in permanent disability.
Birth injuries may be due to difficult labor, size of the baby, cephalopelvic disproportion, or baby position. These do not necessarily qualify for medical malpractice because it would not have mattered who the medical practitioner was; the circumstances would have still been the same. However, if the birth injury occurred because the physician or medical staff failed to act according to accepted medical practice i.e. respond appropriately to profuse bleeding, then that could be medical malpractice.
If your child suffered birth injuries because your doctor, the attending nurses, or other members of the medical staff acted negligently, you may have grounds for a medical malpractice case. Consult with a personal injury lawyer in your area specializing in medical malpractice to have your case assessed.