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Birth Injury Lawsuit

Though exceptionally rewarding, childbirth comes with many risks and potential injuries for both the mother and the child. If your child has experienced a birth injury due to preventable causes, you can seek financial compensation through a birth injury lawsuit.

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Without question, childbirth is one of the most extraordinary moments in many parents’ lives; however, the range of experiences is vast, and not all of them are positive.

Some childbirth experiences are frightening and even devastating. This is sometimes true in cases where a birth injury occurs. A birth injury is any physical injury to the mother or child that happens during childbirth.

While many birth injuries are unavoidable and not due to malpractice or negligence on the medical professional’s part, some birth injuries could have been prevented. If you or your child was injured due to a medical provider’s negligence, you can file a birth injury lawsuit to seek monetary compensation for your child’s care.

The Birth Injury Lawsuit Process

When you are a hospital patient, the hospital accepts a legal responsibility to care for you to the best of its ability. If anyone suffers an injury as a hospital patient due to medical negligence, they may be eligible for financial compensation in the form of birth injury lawsuit settlements.

Certain laws also protect newborn babies and their parents from the financial consequences of injuries that might occur during childbirth due to medical malpractice. If your child has suffered a preventable injury during childbirth, you can file a birth injury lawsuit to pay for the damages suffered.

Why You Should File a Birth Injury Lawsuit

Birth injuries are incredibly scary. Not only do they threaten the immediate safety and health of your newborn child, but many birth injuries also have devastating long-term effects. Birth injuries can also be financially ruinous.

Having a child is already expensive, but birth injuries might necessitate medical care that your insurance does not cover. On top of this, you may be paying for therapies and treatments to address any long-term effects.

For these reasons, you deserve to file a birth injury lawsuit for any injuries caused by medical negligence. Birth injury lawsuits can prevent young families from being saddled with a lifetime of debt. Do not miss out on any compensation you may be eligible for.

Birth Injury Statute of Limitations

The term “statute of limitations” refers to the amount of time after a crime or injury occurs during which you can take legal action. Different states have differing statutes of limitations for birth injuries. The shortest statute of limitations for birth injuries belongs to Kentucky, Louisiana, Ohio, and Tennessee. All of which have a deadline of one year.

The statute of limitations puts a time limit on when you can receive financial compensation for your damages. This is why, when it comes to birth injury lawsuits, it is essential to act fast.

You have a limited amount of time to make sure you receive the compensation you deserve, so get in touch with a lawyer and ask about filing a birth injury lawsuit as quickly as possible.

FAQs

What are common birth injuries?

The most vulnerable part of a newborn baby is the head, as their necks cannot support their weight. Their soft skulls make them even more vulnerable. This is why head injuries are the most common kinds of birth injuries.

What are considered birth injuries?

As mentioned above, a birth injury is any bodily injury to either mother or child during childbirth. While it is easy to imagine what some of these injuries might look like, a broad range of birth injuries might not immediately come to mind.

Some of these injuries are invisible at first and manifest later. Others are clear moments after the child’s birth. Whatever kind of birth injury or injuries you or your child may have experienced, you can seek monetary compensation.

What kinds of birth injury examples are there?

Birth injuries come in many different shapes and sizes. Here are a few types of birth injuries that might entail compensation for damages. While this list is not exhaustive, it will give you an idea of what a birth injury might look like:

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Brain Injury

Newborn babies are incredibly vulnerable and sensitive. Their underdeveloped skulls place them at a greater risk for brain damage resulting from pressure placed on their brain. Newborn brain damage can also occur in newborns due to other issues, such as brain bleeding or loss of oxygen.

The odds of recovery from brain injury depend on the severity of the injury and the part of the brain affected. Some children who have suffered brain injury fully recover, while others are permanently disabled.

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Intra-Abdominal Birth Injury

Intra-abdominal birth injuries are any kind of injury that affects a baby’s internal organs other than the brain.

While a variety of intra-abdominal birth injuries can occur—including injuries to the heart, lungs, or stomach—the organ most likely to suffer is the liver. Intra-abdominal birth injuries can be very serious and have long-term effects if not promptly identified.

Is a birth defect an injury?

Birth defects, also known as congenital disorders, are health conditions present from birth. Unlike birth injuries, the hospital would not be liable for your child’s birth defect. To learn whether your child is suffering from a defect or an injury, get in touch with a birth injury lawyer.

Help with Filing Your Birth Injury Lawsuit

Filing a birth injury lawsuit is complicated, with many steps along the way. Without proper experience and knowledge on your side, the responsible party might take advantage of you.

You should never file a birth injury lawsuit without the help of a professional birth injury lawyer. For a free case review and consultation with a birth injury attorney, contact the Birth Injury Center.

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Has your infant suffered a birth injury as a result of malpractice or negligence? You may be eligible for compensation to cover treatment costs.

Content Reviewed By

Patricia Shelton, MD
MEDICAL REVIEWER

Content Reviewed By

David Cates

LEGAL REVIEWER