According to the Center for Disease Control reports, seven in 1000 children get a birth injury. There are plenty of reasons why your child may suffer a birth injury. However, preterm births are the leading cause. When a child is born before 37 weeks of pregnancy, their nervous system, brain, and muscles aren’t fully developed. The risk of injury increases significantly.
What Is a Birth Injury Lawsuit?
Birth injury lawsuits are legal actions that you may take against a medical professional, doctor, or hospital due to their negligence during your pregnancy, delivery, or neonatal care.
Birth injury lawsuits typically end in settlements. However, there are instances where the case may proceed to trial.
Medical negligence happens when a medical professional doesn’t act accordingly as they care for a patient. You can file a birth injury lawsuit if you believe that your child’s injury or illness could have been prevented if the medical practitioners had been more careful.
If, for example, you had a long and complicated labor, it could cause the baby nerve damage. You can blame your doctor for failing to realize that a C-section would be better.
In addition, some active mistakes could also trigger birth injuries. For example, your midwife could accidentally fracture the baby’s skull if they grip their head with forceps too hard.
Failure to diagnose or treat an issue could also cause a child to suffer. Medication mistakes trigger serious illnesses. Some of them could be fatal.
Speak with your lawyer, and they will guide you through the compensation process. This specialist attorney will make sure you get the compensation you deserve.
Seeking Compensation for Your Child’s Birth Injury
Birth injury is a broad category that includes emotional, physical, mental, behavioral, or developmental concerns. The injuries could be mild or severe, and they occur during pregnancy, delivery, labor, or neonatal care.
Cerebral palsy is the most prevalent kind of birth injury. It is a movement condition typically triggered by brain damage. It could make it difficult to move, cause cognitive impairment, and trigger spastic muscles.
Other birth injuries include brain damage, skull fractures, and a bleeding brain. Physical paralysis could also happen in severe cases. Spinal cord damage during birth isn’t very common, but it can have devastating consequences.
Jaundice, pulmonary hypertension, and other palsies may also occur as a result of medical negligence.
It isn’t always clear that negligence had a role in your child’s birth injury. Therefore, the best thing to do is keep track of everything that happens. Keep a detailed list of their symptoms, when they started experiencing them, and how they were treated. This way, you can always go back and find out what went wrong.
Your lawyer will help you gather the information you need to pursue compensation. Being experienced professionals, they have probably dealt with similar cases. They can work with investigators and medical experts to determine if you have a case.
Wrongful Death Birth Injury Suits
In severe cases, birth injuries can cause death. In such instances, you may need to file a wrongful death case. It is a lot like a birth injury lawsuit. You may receive compensation for the medical expenses, emotional pain, and funeral expenses. The aim is to hold negligent medical professionals accountable. Even though a lawsuit won’t reverse what has already happened, it could help lift the financial burden on your family.
A birth injury to your child can affect them permanently. It can cause your family a lot of pain.
Fortunately, you can seek compensation for your medical expenses, emotional suffering, and funeral expenses. Work with an experienced lawyer to start a case against the doctor or hospital.
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