Birth injuries can happen for various reasons, primarily medical malpractice. A negligent medical professional can make one slip up and drastically alter your child’s life forever. The resulting damages can cost you thousands of dollars and leave lasting pain and suffering.
You don’t have to go through this difficult time alone. With the right knowledge, resources, and support, you can file a lawsuit for your baby’s birth injuries with the help of a birth injury lawyer. We can hold the negligent party responsible for their actions and win a fair settlement.
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Birth Injuries a Lawyer Can Help You With
Birth injury is a broad term and can refer to several different types of disabilities and medical issues that are all preventable. You may want to hire a birth injury lawyer if your child was diagnosed with any of these conditions and you believe medical malpractice was the cause:
- Cerebral palsy: A baby with cerebral palsy may have movement and posture issues. It occurs due to damage to the developing brain, often caused by factors such as oxygen deprivation during birth or premature birth.
- Erb’s palsy: This condition affects the nerves in the upper arm. Erb’s palsy can occur due to a difficult or traumatic birth, often when the baby’s shoulder becomes stuck in the birth canal during delivery.
- Brain damage: This damage can occur due to a lack of oxygen during delivery or trauma to the head during childbirth. Brain damage can result in developmental delays, cognitive impairment, and other neurological conditions as your child grows up.
- Broken bones: These can occur during a difficult delivery, especially in larger babies. Broken bones most commonly occur in the clavicle or collarbone but can also occur in other bones.
- Infant hematoma: When blood accumulates outside blood vessels in a newborn’s body, infant hematoma can occur. Trauma during delivery or the use of tools such as extractors during delivery can cause it and can result in swelling, pain, and other complications.
- Shoulder dystocia: This is a type of birth injury that occurs when a baby’s shoulder gets stuck during delivery. Shoulder dystocia can cause nerve damage, fractures, and other complications for both the child and the mother.
After your child suffers harm during birth, you should seek medical care to prevent other health issues. Whether you receive care from another doctor after giving birth or seek another healthcare professional’s help, you must do so quickly. Our team of birth injury attorneys can review your case and tell you if you and your child are eligible for compensation.
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How to Determine Negligence in a Medical Malpractice Claim
The first step we take as birth injury attorneys are proving liability for your baby’s injuries. To obtain justice and compensation, we must prove the following elements of negligence:
- A doctor-patient relationship exists: We must show that the doctor agreed to provide services to you. Medical bills can show this and that the medical professional provided services to you, such as cesarean delivery, vaginal delivery, and prenatal care.
- The doctor was negligent: As health professionals, doctors must provide a level of care that meets the standard of other doctors in the industry. If the doctor who helped you during the delivery process didn’t provide you with the proper care, and your baby suffered as a result, we can place liability on them.
- The doctor’s carelessness caused your baby’s injury: We also have to show evidence to prove that the doctor’s negligence was responsible for your child’s pain. We’ll use medical records, photos of your baby’s injuries, and other medical experts’ opinions to determine the doctor’s negligence.
- You and your baby suffered damages from the injury: The final element we have to prove is that you and your baby suffered financial damages and non-financial damages.
If we can prove these elements, you could file a medical malpractice claim against the doctor or hospital. In medical malpractice cases, several parties could be at fault, so you could recover compensation from multiple parties.
Statute of Limitations for Birth Injuries
Depending on the state you reside in, you may only have roughly one to four years to file your claim before your claim expires. If you miss the filing deadline, you and your child cannot recover compensation. Therefore, you should seek professional legal assistance as soon as possible to build a solid case.
Hospitals are actively working to prevent parents from filing claims. If they succeed in their efforts, it may be too late for you to file a claim. That’s why time is of the essence if you believe your child was a victim of medical negligence.
A birth injury lawyer from our law firm can tell you how long you have to file based on your child’s specific situation.
Valuable Evidence To Provide in a Birth Injury Lawsuit
Valuable evidence in a lawsuit can include medical records, witness statements, expert opinions, photographs or videos of the birth, and any other documentation related to the pregnancy and delivery.
Medical records include fetal monitoring, ultrasound reports, and labor and delivery records. They can help establish the standard of care medical professionals provide and identify deviations from that standard.
Expert opinions from medical professionals in the same field can also provide valuable insight into the cause of the injury and whether or not it could have been prevented. Our birth injury attorneys can gather the relevant evidence to build a strong case for the insurance company.
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Compensatory Damages You Can Recover For Your Baby’s Birth Injury
We understand your pain and frustration after your baby sustains a severe or lifelong condition due to a negligent doctor. We can help you recover monetary damages and non-monetary damages to cover costs related to your child’s pain, such as:
- Medical care
- Loss of quality of life
- Occupational therapy
- Emotional damages
- Pain and suffering
- Future medical expenses
- Lost income
- Transportation costs
Our team of birth injury attorneys is dedicated to helping you recover the financial compensation you and your child need to return to a normal life. We’ll support you during the legal process and answer any questions you have.
How Much Is the Average Birth Injury Claim?
How much you can recover for your child’s pain depends greatly on the specific circumstances surrounding your case. Common factors that determine your claim amount are:
- How significant your child’s injuries and damages are.
- Which body part was injured.
- The amount of pain and suffering involved.
Generally, most birth injury claims settle for several hundred thousand dollars. However, more significant conditions like brain damage can sometimes settle for millions. Traumatic brain and spinal cord damage are often worth more because of the extensive medical attention they require.
Therefore, when figuring out how much your medical malpractice case is worth, you should always factor in all of the economic and non-economic damages you have. Doing so will give you a more accurate estimate of your claim’s worth. A birth injury lawyer from our team can verify the value of your claim when you meet with us.
Should I Get Help From a Birth Injury Lawyer?
Like any other lawsuit, you can negotiate and fight for a settlement alone. However, to get the maximum amount of compensation available for your case, you should consult with a birth injury lawyer as soon as possible. We have the experience necessary to get you the damages you qualify for.
Medical malpractice lawsuits involving negligent behavior during the delivery process are hard to prove independently because they have multiple legal tasks you have to complete on a deadline. We can help you meet these deadlines so you get the compensation you and your baby qualify for.
Why You Shouldn’t Trust the Insurance Companies
Our team of birth injury lawyers can also help you negotiate with the insurance company. Insurance companies will always try to downplay the pain your baby has suffered. This is because their interests lie in saving money and providing you with the least compensation possible.
Remember, insurance companies are businesses, and the last thing they want to do is give you the full settlement you’re entitled to. To prevent you from recovering the compensation you are eligible for, they’ll either wait until it’s too late to review your claim so you can’t file again or deny it immediately.
You should never approach or talk to an insurance adjuster regarding your claim without an attorney. We can help you avoid the hoops insurance companies make you jump through and get you compensation promptly to help you and your baby.
Contact Our Birth Injury Lawyers Today
If you or your baby have been affected by a birth injury due to medical errors or malpractice, we can provide the necessary legal assistance. When you work with one of our birth injury lawyers at Birth Injury Lawyers Group, you will get the guidance you need to support a child that sustained injuries at birth.
We will help you fight for compensation, inform you of your rights, answer your questions, and address your concerns. Call us or fill out the contact form on our website today for a free consultation.