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Birth Injury FAQ’s

If your child has been the victim of a catastrophic birth injury, do not hesitate to contact a birth injury lawyer for help as soon as possible. No family should have to go through the pain of having to deal with a court case alone, which is why we are here for you.

Of course, you may have questions about birth injuries, birth injury cases, and hiring a birth injury attorney. We answer some of the most commonly asked questions here.

How Can A Birth Injury Lawyer Help You?

Our birth injury lawyers have extensive experience handling these types of cases. We consult with doctors and top medical malpractice experts to determine if your child has suffered a birth injury or a birth defect. Based on the outcome, we help you figure out what the best course of legal action for your case is.

We will work on behalf of your family to get the compensation you deserve from those responsible. After all, you have put your life and your child’s health and safety in the hands of medical professionals who have betrayed your trust. It is time to become empowered with your rights and to take control.

What Is the Difference Between a Birth Defect and a Birth Injury?

A birth injury is an injury sustained before, during, or after the birth to the child and/or the mother. The majority of these injuries are entirely preventable and are usually caused by unnecessary force and trauma to the child or mother during her pregnancy, labor, or delivery. The medical malpractice in these cases can cause:

On the other hand, a birth defect is something that happens to the child before the birth. Birth defects are caused by outstanding conditions like genetics or parental actions like smoking or drinking alcohol during pregnancy, and they tend to be noticed before the child is born.

Examples of birth defects are:

  • Down syndrome
  • Spina bifida
  • Cleft lip or palate

How Do Birth Injuries Happen?

There are plenty of ways these traumatic injuries can happen. Some examples include:

  • Prescribing the mother with harmful and unnecessary medication knowing she was pregnant
  • Intentionally using broken or outdated hospital equipment or knowingly using the equipment wrongfully
  • Using more force than needed during the birth, such as the strong use of forceps
  • Using too much pressure or twisting the child
  • Compressing the child, which crushes the umbilical cord and deprives the child of oxygen

Who Can Be Held Responsible for the Birth Injury?

Anyone who was involved with the medical care of the mother and the child can be held responsible for the birth injury. This includes the time before, during, and after the birth, and can include anyone from the mother’s OBGYN, the child’s neonatal care team; and in some cases, the hospital or medical wing where the birth takes place if they knew their equipment was faulty or staff were negligent.

A birth injury lawyer will look into the actions of the medical team to see if there was any malpractice, and they will make sure the hospital equipment was up to date and used as it was meant to be used.

What Kind of Compensation Am I Entitled To For a Birth Injury?

Generally speaking, a medical malpractice settlement involving a birth injury will seek to compensate two separate factors: economic damages for medical care caused by the injury and non-economic damages that relate to the child’s quality of life. Examples of these damages can include paying for occupational and physical therapy, any assistive devices needed, special educational facilities, and even future lost wages due to the child not being able to work once they are an adult, because of the severity of their injury.

When it comes to a birth injury malpractice suit, it is important that no detail goes unturned. We believe that you and your family deserve to get compensated for your loss, and our lawyers will fight to help you get the settlement you deserve. If you have any questions about how to start, do not hesitate to contact us.

What Step(s) Do I Take First In Dealing with a Birth Injury?

If you suspect that your child is a victim of birth injury, waste no time in getting them the medical treatment they need. These injuries can be time-sensitive, and should not be unnecessarily postponed.

Once the immediate medical concern for your child is underway, you should consult with an experienced birth injury lawyer. Our team provides free birth injury case evaluations. When we evaluate your potential case, we will answer questions that you may have, present options available to you, and what we can do to be of assistance to you.

To discuss your potential case, complete a form on this page, or call us 888.845.9696