A birth injury lawsuit is a way for a parent to seek justice and compensation in the name of a child that has been negligently harmed during or soon after being born. To get this compensation through a lawsuit it must be proven that the birth injury was caused by medical negligence or malpractice and that the negligence came from the caregiver responsible for the child.
If you believe your child was injured during childbirth and that it could have been prevented, a birth injury lawsuit can give you a sense of justice even if it can’t heal your child. This lawsuit, if guided by an experienced birth injury lawyer, can also provide your family with the money you need to give your disabled the best care possible.
Types of Birth Injuries
Birth injury is a broad category of physical injury, mental injury, emotional, developmental, behavioral, and other types of injuries that may range from mild or severe and that are related to pregnancy, labor, delivery, and care provided right after birth. The most common type of birth injury is cerebral palsy, a movement condition caused by brain damage that can cause difficulty moving, painful and spastic muscles, developmental delays, cognitive impairments, and a whole host of other possible complications.
Birth injuries may also include skull fractures, which can cause brain damage, bleeding on the brain, seizures, and other complications. Brain damage, which is often caused by asphyxiation during birth can lead to cerebral palsy, but also other conditions like cognitive impairment or later behavioral challenges, or even something as serious as physical paralysis. Damage to the spinal cord during birth can also be serious, but is less common than brain damage.
Nerve damage is another common type of birth injury. When the nerves of the brachial plexus are damaged during birth it can cause Erb’s and other types of palsies. These result in paralysis, weakness, and loss of sensation in the arm. Nerve damage may also cause facial paralysis. Other complications of birth may be related to care immediately after, like untreated conditions. Jaundice, brain damage, persistent pulmonary hypertension of the newborn, and other conditions a child may be born with, if untreated, can cause lasting damage.
How Negligence Causes Birth Injuries
A birth injury lawsuit may be warranted if you believe that negligence or medical malpractice was a major or sole cause of your child’s injury or illness. For instance, if your labor was long and complicated and resulted in nerve damage in your baby as he finally emerged from the birth canal, your doctor may be blamed if she failed to recognize the potential for complications and did not perform a Cesarean section to avoid them.
Active mistakes can also cause birth injuries. If a midwife uses forceps to grip your child’s head and squeezes too hard, for example, that force can cause a skull fracture or brain damage. Mistakes can be made after a child is born too. If your doctor fails to diagnose a condition and therefore does not treat it, your child may suffer. Hospitals have also been known to make mistakes with medications for newborns, and these mistakes can be damaging and even fatal.
How a Birth Injury Lawsuit Can Help
There are several ways in which a birth injury lawsuit can help you, your family, your child, and even other children. A lawsuit after the fact cannot reverse the damage done to your child, but it can bring you a sense of justice. It can bring the responsible parties to justice and hold them accountable for their actions (or lack of actions) and the careless mistakes they made that led to your child’s suffering.
A lawsuit, if successful, can also protect other children. Lawsuits and settlements force hospitals, doctors, and other medical caregivers to be more careful in the future. By holding these professionals and organizations accountable for their mistakes, you force them to institute safer policies, more training, and greater self-accountability. These measures, triggered by your lawsuit, could prevent a child from being harmed by mistakes in the future.
Finally, a birth injury lawsuit can help your family and your child by providing you with compensation. If your lawsuit is successful, you should be able to win monetary damages that are punitive but that also provide you with the money you need to care for your child. Compensation from a lawsuit can pay for medical bills, treatments, therapy, adaptive equipment, future medical costs, and lost wages. It can even cover things like pain and suffering.
How to Start and Win a Birth Injury Lawsuit
To start a case against your doctor or hospital you need the expertise of a professional who has done this before. You need a reputable and experienced lawyer to start your birth injury lawsuit and to represent you and your child throughout the duration of the case. A lawsuit like this begins with an investigation into the incident. Your lawyer will know how to do that and how to collect the evidence that proves that the person or persons responsible for your child’s care made a mistake that led to her birth injury.
To win a birth injury lawsuit means having the evidence and having the right lawyer. Make sure you choose a lawyer with the right experience and a proven track record of winning these cases for previous clients. This lawyer will file the lawsuit for you, investigate and collect evidence, make a case for negligence, and represent you in either settlement agreements or at trial if it comes to that. Most lawsuits like these end in settlements, but if the defendant’s insurance company does not want to pay, your case may go to trial.
How Difficult Will a Birth Injury Lawsuit Be?
Right now, while facing the future for your disabled child, a lawsuit may be the last thing on your mind. It is likely that you mostly want to focus on your child and her care. You may think that starting and trying to win a birth injury lawsuit will be too difficult, too long, and too time-consuming. The truth is that if you choose a good lawyer that you won’t have to do much at all. You will be free to focus on the care of your child while your lawyer does all the hard work of making a case.
Winning a birth injury lawsuit is difficult and it may take a lot of time to succeed, but you can trust that your lawyer will do most of the work for you. Don’t wait too long to find your lawyer and to make your case. Seeking justice for your child and to protect others it is important to act soon.