Birth Injury Lawsuit: Exploring Your Legal Options
The day your child is born is supposed to be the best day of your life. But there’s also a potential for it to be the most devastating. In the United States, roughly 1 in every 9,714 children are born with a preventable birth injury.
During childbirth, over 50,000 mothers suffer from severe injuries every year. This makes America one of the most dangerous places in the developed world for women to give birth.
If you or someone you love has experienced medical negligence at the hands of a physician or medical professional during childbirth that resulted in a birth injury, you should consider filing a birth injury lawsuit. Keep reading to learn more.
What is a Birth Injury?
A birth injury is an injury that occurs during childbirth that results in a wound, disability, or disorder in an infant otherwise deemed as healthy. The most common birth injuries are bruising, bone fractures, cerebral palsy, and Erb’s palsy.
Birth injuries are often preventable. They can usually be traced back to a mistake made in the delivery room.
However, not all birth injuries are preventable. Some birth injuries are unavoidable and are due to maternal health issues like preeclampsia, or gestational diabetes.
Cerebral palsy and other forms of brachial plexus injuries can occur when there is trauma to the brain during childbirth. In many cases, cerebral palsy is avoidable when proper care is taken by the delivery physician.
A birth injury shouldn’t be confused with a birth defect. Unfortunately, some children are born with defects. Birth defects are genetic and cannot be avoided.
Sometimes symptoms of a birth defect are similar in nature to those of a birth injury. Parents must have proof that a child has suffered from a preventable birth injury before filing a negligence lawsuit.
Should You File a Birth Injury Lawsuit?
In many cases, parents who have suffered from a birth injury can file a negligence lawsuit against the physician who was responsible for the delivery.
Hiring a professional attorney who specializes in personal injury law, specifically birth injury law, can help you receive compensation for medical expenses, rehabilitation costs, emotional distress, and lost wages.
In order to receive a birth injury lawsuit settlement, the case must first establish a breach of the duty of care. Duty of care means that it is the healthcare professional’s responsibility and obligation to follow a standard of reasonable care.
A breach of the duty of care occurs when a physician or medical professional fails to uphold the standards of reasonable care. Once a breach is determined, there must be proof that it was, in fact, the breach that caused the injury.
Filing a birth injury lawsuit is a long and complicated process. Parents are urged to do their research to find a reputable, experienced lawyer to handle their case.
There must be sufficient proof that a medical professional is at fault for the birth injury, due to an injury directly related to breach of duty of care. For more information about how to file a birth injury lawsuit, visit our services page.