Children Injuries: Pre-natal Injuries

A child may recover for injuries sustained while a fetus as long as the child is born alive, under California law. This becomes particularly important in cases in which a pregnant mother receives an injury severe enough to also injure the developing fetus and, more particularly, in medical malpractice cases against obstetricians and gynecologists whose negligence before birth leads to significant injuries to a soon-to-be child who may suffer lifelong medical consequences, particularly from loss of oxygen to the brain in the birthing process. Approximately seven out of every 1,000 births in the U.S. result in some type of birth injury.