What to Do If You Think Your Child Was Injured During Birth

If you’re a parent facing the difficult reality of a birth injury, this guide offers information and resources to help navigate this challenging time. Remember, you’re not alone.

Understanding Birth Injuries

Birth injuries encompass physical harm sustained by a mother or baby during childbirth. These injuries can be devastating, with some arising from preventable medical mistakes. It’s essential to distinguish them from genetic conditions, which, while equally life-altering, aren’t caused by negligence.

Potential Consequences for Mothers and Babies:

Mothers: Pelvic floor damage, excessive bleeding, nerve damage, spinal cord injuries, brain damage, and infections.
Babies: Bruising, broken bones, and lifelong conditions like cerebral palsy or Erb’s palsy.

Common Causes of Birth Injuries:

Oxygen or blood flow disruption to the baby’s brain
Undiagnosed/untreated maternal infections
Untreated preeclampsia
Prolonged or complicated deliveries
Delayed C-section when necessary
Baby too large for the birth canal
Excessive force during delivery
Incorrect fetal positioning
Inadequate monitoring of mother and infant during labor

Medical Negligence and Birth Injuries

While not all birth injuries involve negligence, medical professionals’ mistakes during labor and delivery can lead to medical malpractice claims. For example, a doctor using excessive force with a vacuum extractor, causing skull fractures, could be grounds for such a claim.

Understanding Birth Injury Claims:

These are medical malpractice lawsuits filed by families whose children sustain severe injuries due to healthcare provider mistakes during or after childbirth. To win, evidence must be presented proving:

A doctor-patient relationship existed.
An applicable standard of care existed.
The provider breached the standard of care.
This breach caused the injuries.
Measurable damages were incurred.

The Role of a Birth Injury Lawyer:

Speaking with a lawyer about your child’s birth injury can be invaluable in navigating these complex legal matters. They will:

Analyze medical records surrounding your child’s birth.
Consult with medical experts.
Strive to prove the healthcare provider’s treatment deviated from the standard of care, causing your child’s injuries.

Potential Compensation in Birth Injury Lawsuits:

These lawsuits can cover various economic and non-economic losses, including:

Current and future medical expenses
Necessary home modifications
Rehabilitation and physical therapy
Home care costs
Travel expenses for medical appointments
Lost wages due to caring for your child
Assistive devices
Therapy costs
Physical pain and suffering
Disability
Loss of life enjoyment

The Legal Process:

Filing a birth injury lawsuit begins with a civil complaint in the appropriate court. Next comes the discovery phase, involving both parties exchanging evidence.

Settlement or Trial:

The decision to settle or go to trial is personal, and your lawyer can guide you through the pros and cons of each option. Settlements offer quicker financial aid, while trials may yield higher compensation but involve uncertainties and risks.

When to Seek Legal Help:

If you suspect your child’s injuries were caused by negligent medical care, consulting a birth injury lawyer is crucial. While the statute of limitations varies by state, seeking legal assistance as soon as you discover the injuries and their potential cause is highly recommended.

Remember:

The aftermath of a birth injury can be overwhelming. With the right legal guidance, you can seek the justice you and your child deserve. Knowledgeable birth injury lawyers can provide the legal expertise and support you need to navigate this intricate process.

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