Birth injuries can be extremely difficult to deal with and are especially frustrating if the injury was a result of medical malpractice or negligence. If you have a child who has suffered a birth injury that you believe was avoidable, it is extremely important that you find a birth injury lawyer who can help you ensure that those responsible are held accountable.
1800-Injured is a referral service that connects victims of medical malpractice, negligence, and other personal injuries with attorneys who are experienced with their issues and ready to take their case. While a victim is trying to focus on recovering from their or their child’s injuries, the last thing that they want to deal with is the process of interviewing attorneys, researching law firms, and determining which choice is the right one to make. Instead, we make this process easy and transparent with our trustworthy network of attorneys.
Read more below about birth injuries, how they are handled in lawsuits, and how your attorney through 1800-Injured will determine a fair amount of money to seek for your economic and non-economic damages.
What Is a Birth Injury?
A birth injury is an injury that the baby sustains during birth from either their passage through the birth canal, infections from exposure to germs after birthing, or a variety of other problems that may be encountered. There is a wide range of injuries that a child can sustain during birth, and some are more common than others. In many cases, a newborn will suffer very minor injuries during birth that are unavoidable and will not cause any serious issues. However, there are other situations where a newborn may suffer from broken bones, bleeding around the brain, nerve damage, or cerebral palsy.
Birth injuries may be completely accidental, or even unavoidable in some circumstances, but in the event that the injury was the result of a medical professional’s failure of duty to keep the newborn safe during their birth, it may be determined to be medical malpractice, and a valid injury to seek personal injury damages for in a lawsuit.
Types of Injuries In Medical Malpractice Lawsuits
There are many different types of injuries that a newborn can sustain as a birth injury, but below are some of the common situations seen through personal injury lawsuits in the United States:
If a baby receives inadequate oxygen during or after birth, they may suffer permanent brain damage as a result. This is called hypoxia, and can result in things such as cerebral palsy or other permanent damage. However, mild hypoxia may not result in permanent damage.
Infant Brain Damage
Infant brain damage may occur from hypoxia, but it may also be a result of some other type of traumatic injury that the infant suffers during or after their birth. The brain damage can result in developmental disabilities, seizures, or other things that may cause lifelong issues.
Spinal Cord Injuries
Spinal cord injuries can be sustained during birth for a variety of reasons, but most commonly occur when the spinal cord is bent or compressed during their birth. This can cause serious damage to the nerves that run along the spinal cord and could result in paralysis or other major issues.
Bone fractures are another common birth injury if there is too much pressure or twisting on their bones while they are being birthed. If a bone is broken during birth they will heal with proper treatment, but the infant is subjected to unnecessary pain, and the medical costs can be expensive. A birth injury attorney will make all of these issues clear while building your case.
Seeking Financial Damages From Birth Injuries
Determining whether or not your child’s birth injury was a result of medical malpractice or not is an essential first step to establishing whether or not you have a case. They will do this by reviewing any of your medical information, birth records, and anything else that indicates how these things went wrong, and why. It is extremely helpful to work with an attorney who is familiar with cases similar to your own, so that they can move forward with confidence and experience, and give you the help, advice, and representation that you and your child deserve.
Before deciding to pursue a full case, your attorney may try to seek a settlement with the medical professional or their insurance company. If you are unable to reach an agreed amount that you and your attorney believe is fair and representative of the situation, then you will move forward with litigation.
During the case, your attorney will set out an argument that requests damages for medical expenses, both past and expected future, as well as any recovery costs, and wages that you have lost while you are dealing with this situation. In addition, they will factor in the emotional and physical trauma that your newborn endured, as well as your own pain and stress.
The “non-economic” factors of a case are harder to determine an appropriate amount for but are essential pieces of your personal injury lawsuit against the medical professional or medical organization responsible for your child’s injuries during birth. An experienced attorney will be able to build a clear case around these non-economic factors that are easily understood by both judge and jury and will be both fair and just for your situation.
In cases where your child has sustained permanent and disabling injuries as a result of this malpractice, your attorney will additionally factor in the care and assistance that your child will need through their lives as a result of the medical professional’s actions and negligence. There is no reason that you, as a parent, should be shouldered with the financial burden that comes from someone else’s actions.
Contact 1800-Injured Today
1800-Injured is an attorney and medical referral service. If you are dealing with the repercussions of a birth injury, contact 1800-Injured today to get connected to our network of experienced, professional personal injury attorneys who are ready to take your case. Your consultation will help us determine which lawyers in our referral network will be best suited for your situation, so you can be confident that you have the support you need as you move forward with this stressful and complex process and begin to get your life back on track.