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Birth Injury Lawyer

Childbirth injuries, such as cerebral palsy or brain damage, happen as a result of medical negligence. When you or your baby suffers harm, a birth injury lawyer can obtain compensation for your family’s future. Knowing how and when to file a birth injury lawsuit can give you peace of mind during this difficult time.

Birth injury lawyers represent cases that arise from medical negligence. They file claims and lawsuits against health care professionals who cause injury to a child or mother during childbirth.
Birth injuries are different from birth defects, which result from genetic or congenital abnormalities. Medical malpractice causes birth injuries, and when they occur, parents have the right to seek compensation for damages.

If you are expecting a baby, you put your trust in the hands of doctors, nurses, and other medical staff who owe you and your baby a reasonable standard of care. You assume these individuals will fulfill their duties to keep you and your child safe. When a medical provider’s negligence leads to birth injuries, the damages can be devastating and have long-term effects.

Birth injury lawyers specialize in holding the responsible parties accountable. Contact the Birth Injury Center today to get in touch with a dedicated birth injury lawyer.

How a Child Birth Injury Lawyer Will Fight for You

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Although a birth injury lawsuit may not take away your pain or suffering, going to court can hold medical staff accountable and award you financial compensation.

Damages associated with birth injury cases include:

  • Hospital bills
  • Lost wages
  • Medication
  • Physical therapy
  • Medical equipment
  • Caregiving costs
  • Personal expenses
  • Long-term medical care

A birth injury malpractice lawyer from a reputable law firm will carefully review your baby’s medical records and the extent of the damages you have suffered — or will suffer throughout your child’s life — to build a strong case in your favor.

Timeline of a Birth Injury Case

If your child has suffered a birth injury and you decide to proceed with a lawsuit, expect the process outlined below.

1.Your personal injury attorney will gather any documented evidence you already have.
2.You and your lawyer will prepare supporting evidence, such as witness testimony.
3.Your lawyer will file a lawsuit in the appropriate court.
Your lawyer will attempt to negotiate a settlement with the opposing party.

A skilled lawyer can often obtain a strong settlement offer from the other party to compensate you fairly. If your attorney and the defendant cannot reach an agreement, the case will proceed to trial. After the trial, a judge or jury will decide whether you should receive damages.

It is not uncommon for birth injury cases to result in large verdicts or settlements, especially if your child’s injury will permanently alter his or her life.

Birth Injuries and Medical Negligence

Medical negligence causes preventable birth injuries.

Medical professionals go through rigorous training on how to safely care for their patients. When providers do not meet these standards during childbirth, a baby and mother can face serious consequences.

  • Medical errors before, during, and after the delivery process may include:
  • Failure to treat pre-existing conditions, such as diabetes and preeclampsia
  • Failure to notice signs of fetal distress
  • Failure to deliver the baby in an appropriate amount of time
  • Improper use of forceps or vacuum extractor
  • Improper use of surgical tools during a C-section
  • Failure to diagnose and treat jaundice

 

Before you go to court, a birth injury lawyer will look at all the evidence. They may also interview witnesses and depose third parties to strengthen your claim.

Not all birth injuries happen as a result of human negligence. Only injuries directly resulting from medical malpractice or negligence fall under medical malpractice laws.

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Serious Birth Injuries

Birth injury lawyers fight for families whose infants have sustained various types of birth injuries, including jaundice, infection, and brain damage. Serious injuries to the brain and spinal cord can occur from lack of oxygen to the brain and excessive pressure to the head or neck, among other causes.

Spinal Cord Damage

Doctors can also be responsible for spinal cord complications by causing injury to the baby’s neck. Spinal cord injuries can lead to permanent mobility problems.

Brachial plexus injuries, including Erb’s palsy and Klumpke’s palsy, are due to trauma to the nerves that run from spinal cord to the arm and cause weakness in the shoulder, arm, and hands.

Erb’s Palsy

When a medical professional uses too much force while delivering a baby, they risk causing serious nerve damage to a baby’s upper brachial plexus, which can result in Erb’s Palsy. This condition affects the baby’s arms and hands.

The American Association of Neuromuscular & Electrodiagnostic Medicine notes that “Studies in which surgical intervention was not employed have reported significant later life impairment in at least 20% to 25% of patients.”

Some cases of Erb’s palsy can improve with treatment, but not every child recovers.

Brain Injuries and Cerebral Palsy

If a doctor mishandles a baby’s head or uses medical instruments the wrong way, they can cause a variety of internal and external injuries to the brain.

Medical staff is responsible for monitoring and maintaining a child’s oxygen levels and keeping their brains safe during childbirth. Infant asphyxiation during birth causes a small number of cases of cerebral palsy.

Statute of Limitations for Birth Injuries

If your baby suffered a birth injury, legal deadlines are probably the last thing on your mind. As difficult as this time may be, it is important to know the statute of limitations for childbirth injuries in your jurisdiction. Otherwise, you risk losing the chance to file a lawsuit.

When you consult with an experienced birth injury malpractice lawyer, they will move fast to gather your evidence and file your claim within the statute of limitations.

FAQs

What are common birth injuries?

Birth injuries are more likely to occur during difficult births, such as when the baby is large or presents in a breech position.
Common birth injuries reported in the National Library of Medicine include:

  • Head trauma and skull fractures
  • Spinal cord injuries
  • Clavicle or collarbone fractures
  • Hemorrhages
  • C-section injuries
  • Brachial plexus injuries

If you are unsure whether a birth injury was due to a doctor’s negligence, consult with a birth injury attorney.

What is childbirth negligence?

Childbirth negligence is medical malpractice that results in injury to your baby during childbirth. You can file a legal claim when medical staff fails to provide reasonable care or treatment and injury occurs.

For example, when an obstetrician mishandles a problem with the umbilical cord, improperly performs a cesarean section, or maneuvers the baby in any way that causes oxygen deprivation, they have opened themselves up to a medical malpractice claim.
Medical staff must adhere to high professional standards. If their disregard or lack of training is responsible for your or your baby’s injury or wrongful death, their negligence puts them at fault.

Are birth injuries permanent?

Some conditions, such as cerebral palsy, are permanent and will require lifelong medical care. Other injuries can be temporary and will heal, depending on the severity. For example, Stanford Medicine Children’s Health notes that forceps delivery can leave temporary marks on the baby’s face and head, and vacuum extraction can cause cuts or bruises that will fade on their own.

In other cases, medical intervention may be necessary. Facial paralysis caused by bruising of a facial nerve during delivery may heal on its own, but if the nerve was torn, the injury will likely require surgery.

Consulting with a medical professional who understands birth injuries will help determine the nature and severity of your child’s injury.

Need an experienced birth injury lawyer?

Birth injuries can be devastating. Contact Birth Injury Center today to schedule a free case evaluation with a skilled birth injury lawyer.

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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