Birth injuries can sometimes occur as a part of the birth process, but many are preventable. When a doctor fails to diagnose a serious condition, fails to prevent an injury, or uses an improper technique that causes an injury, the newborn’s parents may be able to take legal action by filing a claim based on medical negligence.
If your newborn suffered an injury before, during, or just after birth, and you have questions about your legal rights, the Birth Injury Lawyers Group can help. Call (800) 222-9529 today to get started.
For a free legal consultation, call 1-800-222-9529
Some Factors Can Significantly Increase the Risk of a Birth Injury
There are some factors that can increase the risk of complications or birth injuries during delivery. Many of these risk factors are manageable if the doctor identifies them and take the correct actions. In some cases, this may require performing a cesarean (c-section) delivery.
Some of the factors that can increase the risk that a baby will suffer a birth injury during labor and delivery include:
- The baby is unusually large, especially common with babies born to mothers with gestational diabetes
- A breech presentation or another presentation that is not head-first
- Premature labor and delivery
- Delayed delivery
- The mother has a narrow or uniquely shaped pelvis that makes it difficult for the baby to pass through the birth canal
- An unusually long or difficult active stage of labor
- A mother who is morbidly obese, or suffers from certain medical conditions
- When the delivery requires the use of a vacuum extraction device or forceps
- When an emergency c-section is necessary
Doctors have a duty to protect their patients from additional pain and injury when possible, and this may include identifying any risk factors for birth injuries. A medical malpractice attorney who regularly takes on birth injury cases in your state can advise you if you have a case against a doctor or hospital based on your child’s medical history.
Birth Injury Lawyer Near Me 1-800-222-9529
There Are Many Types of Birth Injuries Associated With These Risk Factors
These childbirth injury risk factors can contribute to a wide range of birth injuries. These factors could increase your newborn’s risk of suffering many kinds of perinatal injuries. This includes:
- Swelling of the head
- Bruising and minor cuts to the scalp, face, and head
- Bleeding underneath the scalp or skull
- Skull fractures
- Damage to the small blood vessels in the baby’s eyes
- Brachial plexus nerve injuries that affect the baby’s shoulders, arms, and hands
- Facial nerve injuries
- Clavicle (collarbone) fracture
- Cerebral palsy and other injuries caused by loss of oxygen to the brain
While some of these injuries are relatively minor and generally heal on their own with little medical intervention, others are serious and can cause lifelong disabilities or even death. If your doctor failed to identify risk factors for a birth injury and your newborn later suffered that injury, you may have a viable medical malpractice case against them.
You May Be Able to Recover Compensation Based on Your Child’s Birth Injuries
If your child’s doctor or another medical care provider failed to identify birth injury risk factors and take the correct actions to limit the risk of injury, you may have a medical malpractice case against the doctor or hospital. To hold the doctor or hospital liable and recover compensation, you will need to prove:
- The normal, expected standard of care
- How the doctor deviated from this standard of care, acting negligently
- The value of your economic and noneconomic damages
With a strong case against the at-fault party to prove medical malpractice, you may be able to recover damages including:
- Past and future medical care costs related to your child’s injury
- Ongoing care costs
- Expenses related to prescribed medical equipment and tools
- Out-of-pocket costs related to their injury or treatment
- Pain and suffering and other noneconomic damages
Medical malpractice laws differ from state to state, but often require a medical expert witness to testify on behalf of a birth injury victim. Your attorney should be able to identify a qualified expert witness and handle enlisting their help on your child’s behalf. In addition, your birth injury lawyer will take additional steps to help you build a strong case for compensation.
To learn more about how your attorney can help you, reach out to the Birth Injury Lawyers Group today. Dial (800) 222-9529 to get started.
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Enlist the Help of a Birth Injury Attorney to Build Your Case and Take Legal Action
Most birth injury attorneys offer free case reviews and initial consultations for the families of newborns who suffered birth injuries and preventable complications. During this initial consultation, you will explain the facts of your case, and the attorney can help you understand:
- Your rights to take legal action on behalf of your child
- The strength of the case against the doctor or hospital
- How your doctor failed to reduce the risk factors and prevent your child’s injuries
- The steps necessary to prove your case
- The deadline for taking legal action in your state
- If your state allows for tolling the statute of limitations in birth injury cases
If you decide to take legal action in your case, your attorney can also answer any questions you have and represent you throughout the process. They may be able to negotiate an out-of-court settlement that compensates you fairly for your family’s losses. In some cases, medical malpractice birth injury cases go to trial, and your attorney can present your case and fight for a just payout.
Talk to a Birth Injury Attorney About Your Child’s Case
The Birth Injury Lawyers Group can answer any general questions you may have, help you understand what to expect next, and schedule your free case review with a birth injury medical malpractice attorney.
Knowing the childbirth injury risk factors, we invite you to discuss your case with an attorney. Call (800) 222-9529 now to get started.