Home births have gained popularity in Eugene and across Oregon. Many parents choose this option for a more personal experience. But when problems happen during a home birth, the results can be severe. If your baby was hurt during a home delivery, you might wonder about your legal options. Let’s look at whether you can claim compensation for birth injuries that happen at home.
What is a birth injury?
A birth injury is a physical harm to a baby during labor, delivery or right after birth. These injuries range from minor bruises to severe brain damage. Common birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Broken bones
- Brain damage from lack of oxygen
- Spinal cord injuries
Not all birth injuries result from mistakes. Some can happen even with the best care.
Claiming compensation
Your ability to claim compensation for home birth injuries depends on several things:
- Was a healthcare professional present?
- Did they provide proper care?
- Did you give informed consent?
- Did they transfer you to a hospital when needed?
If a midwife or other healthcare worker was at your home birth, they had a duty to care for you and your baby. You might have a valid claim if they failed in this duty and it led to an injury.
Claiming compensation for home birth injuries can be more challenging than for hospital births. Home births lack quick access to advanced medical tools and specialists. You must prove the injury happened because of a mistake, not just bad luck.
If you think a mistake caused your baby’s injury during a home birth, talk to a lawyer who knows about birth injury cases. They can help you understand your rights under Oregon law. While money can’t undo a birth injury, it can help pay for medical care and therapy. Don’t hesitate to explore your legal options if you believe someone’s mistake hurt your baby during your home birth.