A birth injury refers to an injury a baby sustains before, during, or right after the birthing process. A birth injury and a birth defect vary from one another and it is important to take note of the two. There are thousands of types of birth defects and in order to have a viable birth injury case on your hands, you need to prove that the doctor or treating medical practitioner is responsible for causing your newborn baby’s injury and that it could have been prevented. The best and most efficient way of doing this is by hiring a birth injury attorney in your city. Birth injury lawyers understand this particular field of law and what it is going to take to get your claim or lawsuit approved.
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Hospital health care professionals including doctors, nurses, etc. are all required to provide their patients with a standard level of care which means regardless of which physician you have conduct your procedure or offer you medical treatment, you should receive the same type of care despite where you go.
Sadly, while many have the ability to provide this to people, there are some who become sloppy in their ways and fail to provide their patients with adequate care. One of the most common reasons why a person is hospitalized is for childbirth which means there is an increased chance of a childbirth injury occurring. And because your newborn baby is fragile and limited on the amount of stress their bodies can handle, when a doctor or other health care worker fails to provide the expecting mother or the newborn with the attention they require, they often suffer from irreparable birth injuries.
The fact is, a doctor or nurse can bring upon these unnecessary impairments or injuries by failing to:
- Provide satisfactory prenatal care for the mother.
- Properly use birthing tools such as a forceps or a vacuum that inflicts harm onto the child.
- Foresee any difficulties that could develop based on the mother’s health condition or pregnancy state.
- Identify conditions the mother possesses that could possibly harm the child including diabetes, preeclampsia, infections, sexually transmitted diseases, etc.
Therefore, the most efficient way to hold those responsible for these unfortunate circumstances that could potentially have your baby needing on-going therapy and even surgical procedures is through hiring a birth injury law firm to step in and assist.
Types of Cases Our Childbirth Injury Attorneys Represent
There are a range of injuries and/or impairments your baby may suffer from after becoming the victim to a medical mistake and some include:
- Erb’s Palsy
- Brachial Plexus Injury
- Cerebral Palsy
- Head Injuries
- Brain Injuries
- Nerve Injuries
- Shoulder Dystocia
- Inability to sit, crawl, or walk
- Facial Paralysis
- Wrongful Death
Your birthing injury legal representative will have to analyze your case, establish the severity of the injury, and assemble all evidence to use to support your case. Medical malpractice cases involving birth injuries are often quite complex and truly benefit from having an experienced legal professional working for you to guarantee the outcome is one you are content with.
You and your family do not have to endure this traumatic experience alone. You can reach out to a birth injury lawyer featured on our site who is located in your state and can begin working on your case immediately.
Birth Injury Statistics
According to the National Healthcare Quality Report, these are some birth injury statistics worth noting:
- Out of every 1,000 babies born in the United States, about six to eight of them are born with a birth injury.
- This means that 28,000 children are born every year with a birth injury.
- In 2000, about 6.68 of every 1,000 birth injuries happened to male babies, while about 5.08 of every 1,000 birth injuries happened to female babies.
- About 6.11 out of every 1,000 birth injuries occur at public hospitals.
- About 5.53 out of every 1,000 birth injuries occur at hospitals with 100 beds or less, and 5.45 birth injuries happen at hospitals with 100 to 200 beds.
- Birth injuries have a higher rate of happening with deliveries that are assisted with “birthing tools” for mothers between the ages of 25-34.
- In 2006, almost 157,700 birth injuries to both babies and their mothers could have been avoided.
It’s generally safe to say that no one expects to have to file a birth injury lawsuit at some point in their life. Unfortunately, as the above statistics highlight, there are a lot of people who end up having a child with a birth injury, and ultimately have to take the necessary steps forward with the legal process. If you count yourself in this category, then allow our birth injury attorneys to provide some insight on how to prepare, what to expect, and what to do next.
What are some of the symptoms of birth injuries?
There are some birth injuries that reveal themselves immediately, and some birth injuries that come to light over time.
Immediate birth injury symptoms include:
- Bulges on the baby’s head.
- Difficultly breathing.
- Either no movement or limp in affected limbs.
- Having an arched back while crying.
- Having an extremely pale or blue appearance.
- Seizures or spastic movements.
While some symptoms of a birth injury reveal themselves right away, others show up during important developmental steps. Some of these injuries include:
- Difficulty with speech.
- Issues with gaining weight.
- Frequent and abnormal outbursts.
- Hitting milestones late. This can include crawling, sitting alone, grasping objects, etc.
- Poor growth.
How do I know that I need to file a birth injury lawsuit?
If your child has any of the aforementioned injuries, then this means you will most likely also have a future full of incredibly expensive medical expenses. This can include an in-home nurse, medication, therapy, wheelchairs, etc. It is not uncommon for some of these expenses to add up to millions of dollars. Unfortunately, most families cannot afford millions of dollars worth of healthcare. A qualified birth injury law firm can help you recover financial awards that will allow you to give your child the health care they deserve without having to worry about how to pay for it.
When should I file a birth injury lawsuit?
When it comes to taking legal action for a birth injury your child sustained, sooner is better than later. It is extremely important that you consult with a birth injury lawyer as soon as possible; once the hospital confirms that your child has a birth injury, there is a chance they will send a representative to speak with you. More often than not, this representative’s goal is to get you to settle for a sum of money that may sound like a substantial amount at the time, but doesn’t come close to covering the medical expenses needed to pay for your child’s healthcare throughout the rest of their life.
You also do not want to put off getting a treatment plan put in place for your child. Once the care for your child has begun, you need to meet with a birth injury attorney. Why? Because the more serious birth injuries require an experienced specialist to create a thorough treatment plan for your child, which generally cannot begin until the family is able to pay for the treatment to begin. It is not uncommon for the family not to have the funds to begin treatment until they recover financial awards from a birth injury lawsuit. Considering the fact that a birth injury lawsuit can take anywhere from months to years, your child will be closer to getting the treatment they need the sooner you consult with a birth injury lawyer.
How long does trial take for a birth injury lawsuit?
While it all depends on the details of the specific case, it is not uncommon for birth injury lawsuits to take years at a time. It ultimately depends on the type of documentation you need in order to support your case. If you only have witnesses with a sub-par memory, then chances are your case will take longer than someone who has documents clearly outlining facts pointing toward the birth injury.
Do I need specific documents before going to trial?
A birth injury law firm will be able to help you collect the documents needed to ensure your case is as strong as possible. Generally, you need to make sure you have every document the hospital has ever given you regarding your child. Even if you think that some paperwork is irrelevant, an experienced birth injury lawyer will be able to explain that it is still important to have documents that state the name of the medical personnel who worked with your child, as well as have proof that your pregnancy was normal up until the birth injury occurred.
What is the statue of limitations on birth injuries?
Another reason to consult with a birth injury lawyer sooner rather than later is to ensure you file your lawsuit within the outlined deadline. According to each state’s statue of limitations, each birth injury case must be filed within a certain time frame. Depending on which state you live in, it is important to be familiar with their statue of limitations so you do not jeopardize your potential compensation and claim.
When it comes to most birth injury cases, there is usually a specific statue of limitations called the discovery rule. This means that the timeline for a birth injury does not start until symptoms are discovered, regardless of when the injury was actually incurred. However, even though most states give you a couple of years to file your birth injury lawsuit, you do not want to wait too long. Otherwise, you run the risk of losing evidence.
How will an experienced birth injury lawyer help my child and I?
By enlisting the help of a birth injury attorney from USAttorneys.com, they will be able to tell you whether or not you have a valid case. From there, your birth injury lawyer can go through your documents, evidence, witness list, and any other information in order to determine an appropriate settlement you may be entitled to.
Once the logistics have been worked through, your birth injury attorney will handle the litigation process on your half, leaving you more time to take care of your child. If you end up having to go to trial, your birth injury lawyer will prepare you for what to expect in the courtroom. With the help of USAttorneys.com, you can rest assured knowing both you and your child are in safe hands.