The birth of a child should be one of the happiest moments in a parent’s life. However, for some families, childbirth takes a devastating turn when the baby suffers a birth injury due to medical negligence. These preventable tragedies can leave children with lifelong disabilities and families burdened with staggering medical bills. If you believe your child’s injury could have been avoided, this guide will provide you with a basic understanding of birth injury lawsuits and your legal options.
What’s a Birth Injury Exactly?
A birth injury is any physical harm inflicted on the baby during labor and delivery due to a healthcare provider’s negligence. Common birth injuries include brain damage, broken bones, nerve damage, and cerebral palsy. The most heartbreaking of these is a birth injury that results in the death of the infant.
When Can Birth Injuries Lead to a Lawsuit?
Not every birth injury is the result of malpractice. However, you may have grounds to file a lawsuit if the injury was a direct result of a doctor or nurse’s failure to meet the standard of care. Some examples of medical negligence that could warrant legal action include:
- The improper use of birth-assisting instruments such as forceps
- Failure to adequately monitor fetal heart rate
- Improper use of delivery instruments like forceps or vacuums
- Failure to perform a timely c-section when medically necessary
- Failure to diagnose or treat jaundice or infections
If your delivery team neglected to take reasonable precautions and their inaction directly harmed your baby, you may be able to hold them legally and financially accountable.
The Emotional and Financial Toll of Birth Injuries
Caring for an injured child is enormously expensive. Ongoing medical bills coupled with lost income can devastate families financially. The emotional toll is equally heavy, as parents struggle to come to terms with their child’s disability.
While no amount of money can erase what happened, financial compensation can provide your child with the support and resources they need. Funds can be used to cover medical costs, therapy, live-in nursing care, special education and future loss of earnings. Money can also help ease the financial strain, enabling you to focus on your child rather than financial fears.
Understanding Your Legal
The first step is choosing the right birth injury attorney. Because these cases are highly complex, you need an attorney with specific experience in birth trauma litigation. They will have in-depth knowledge of negligence laws and access to respected medical experts. This gives them greater ability to build a strong case on your behalf.
Once hired, your birth injury attorney will launch an intensive investigation into what went wrong. They will collect medical records, order expert reviews and take statements from staff present at the birth. The goal is to uncover irrefutable evidence that the medical team failed to provide an acceptable standard of care.
If sufficient proof exists, your attorney will demand a settlement from the negligent party and their insurer. If they refuse to settle out of court, the birth injury attorney will take the case to trial before a jury. Their skillful litigation experience gives families the greatest chance of securing full and fair compensation.
Don’t Suffer in Silence – Consult a Birth Injury Attorney
The pain of seeing your precious newborn harmed is a nightmare no parent deserves. Sadly, thousands of children suffer preventable birth injuries each year. Don’t suffer the financial and emotional aftermath alone. With compassionate legal guidance, you can secure the future your child deserves.