Birth Injury Law

Below we offer some useful information on birth injury law in South Africa.
A birth injury is either a profound injury or death which resulted from trauma to the child or the mother of the child, due to medical mistakes made, malpractice, negligence or flawed hospital policies during the birth of the child. This means that a trained medical professional failed to use the appropriate degree of care an skill that would normally be used by a reasonable medical professional under the same or similar circumstances.
What Exactly is Birth Injury Law?
Birth injury law is a subset of medical malpractice law and it includes personal injury cases which stem from a failure to adequately respond to the following circumstances: fetal distress or anoxia (lack of oxygen), maternal or fetal bleeding, the need for a caesarian section, umbilical cord complications, the anticipation of a large baby and related complications, infections, and other maternal health complications. Injuries could also result from improper or incompetent use of forceps or a vacuum extractor.
If there is negligence in the prenatal care, this can also result in hard to the child and/or the mother of the child. This can also include the failure to diagnose the mother’s medical condition; failure to identify an ectopic pregnancy, failure to identify birth defects or failure to diagnose a disease that could be contagious to the child.
With birth injury cases, they are generally classified by two types: brain injury or anoxic brain injury, where the medical staff or physician failed to properly monitor the birth process with fetal monitoring and also the failure to order a caesarean section immediately, and dystocia, which can be caused when the baby is not properly helped down the vaginal canal during a vaginal delivery, this can then result in various types of palsy and other common complications.
With birth injury lawsuits, they seek to provide the families of the injured baby with financial compensation for the injuries caused.
At Paul du Plessis Attorneys, we specialize in birth injury and various other medical negligence law. For more information, visit our website on

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