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.
- Last Updated Date: September 22, 2023
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 baby that occurs before, during, or after childbirth.
While many birth injuries are unavoidable and not due to malpractice or negligence on the medical professional’s part, certain birth injuries can be prevented.
If your child was injured during childbirth 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 your baby suffers an injury due to medical negligence, you 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 endured a preventable injury during childbirth, you can file a birth injury lawsuit to pay for the damages suffered.
Before you file a claim, contact a professional birth injury lawyer. They will walk you through your legal options, strategize your next steps, and start an investigation into the birth injury to determine if you qualify for a lawsuit. Each birth injury lawsuit is unique, but they often follow the same progression:
- File the claim: The first step in the lawsuit process. You or your attorney will file the initial claim. Ensure you file it within your state’s statute of limitations.
- Wait for a response: Once the claim is filed, the defendant must respond within the deadline. They can either accept it or deny it. During this time, you and your attorney will continue to build your case.
- Determine settlement negotiations: If the defendant accepts the claim, you will move into settlement negotiations. The majority of birth injury lawsuits result in a settlement agreement.
- Go to court: If the defendant denies the claim, you can take them to court to fight for compensation.
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. The child can experience physical and developmental delays as well as issues with their cognitive, emotional, and social development.
Birth injuries can also be financially ruinous. Having a child is already expensive, but birth injuries might necessitate medical care not covered by insurance. On top of this, you may have to pay for therapies and treatments to address any long-term effects.
Families can also experience psychological distress, including anger, guilt, disbelief, sadness, and shock. Everyone copes in different ways. Assistance from a therapist or support group can help significantly but also affect finances.
For these reasons, you deserve to file a birth injury lawsuit for any injuries caused by medical negligence. Birth injury lawsuits can prevent families from being saddled with a lifetime of debt. Do not miss out on the compensation you may be eligible for.
Birth Injury Statute of Limitations
The term statute of limitations refers to the amount of time after an injury occurs during which you can take legal action.
Each state has its own statute of limitations for birth injuries. The shortest statutes of limitations belong 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. That is why it is essential to act fast.
The statute of limitations begins from the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable efforts.
You have a limited amount of time to make sure you receive the compensation you deserve. Get in touch with a lawyer, and ask about filing a birth injury lawsuit as quickly as possible.
FAQs
How long does a birth injury lawsuit take?
If your birth injury lawsuit goes to settlement, the process often takes six months to a year. If it goes to court, it can take a year or more. Each lawsuit is different. Your lawyer will discuss the details with you.
What is the most common birth injury?
The most vulnerable part of a newborn baby is the head, as their necks cannot support the weight. Their soft skulls make them even more defenseless. This is why head injuries are the most common birth injuries.
What types of injuries are considered ‘birth injuries’?
A birth injury is any bodily injury to the 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 noticeable in the moments right after the child is born.
What are some examples of birth injuries?
Birth injuries come in different shapes and sizes. Here are a few types of birth injuries that can warrant compensation for damages. While this list is not exhaustive, it will give you an idea of what a birth injury might look like.
Brain Injury
Newborn babies are 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 issues such as hypoxic-ischemic encephalopathy, where the brain doesn’t receive enough oxygen or blood flow during a set period.
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.
Intra-Abdominal Birth Injury
Intra-abdominal birth injuries affect 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.
According to the National Library of Medicine, three mechanisms can lead to intra-abdominal injury: direct trauma, chest compressions against the surface of the liver or spleen, or chest compressions that tear the ligamentous insertions of the liver or spleen.
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 is not liable for your child’s birth defect. To learn whether your child suffers from a defect or an injury, contact a birth injury lawyer.
We Can Help File Your Birth Injury Lawsuit
Filing a birth injury lawsuit can be a long, complicated process. 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.
Written by:
Birth Injury Center Team
The Birth Injury Center aims to create informational web content and guides to help women and their families seeking support and guidance for birth injuries caused by medical negligence. All of the content published across The Birth Injury Center website has been thoroughly investigated and approved by medical expert Natalie Speer, RNC-OB, Attorney Ryan Mahoney.
