The majority of babies are born with little to no complications. However, sometimes an emergency occurs or a mistake is made. The result can be a birth injury, which comes with its own set of complications and long-term consequences. It is estimated that as few as one or two percent of deliveries result in some type of trauma. If you and your family have experienced this situation, it is normal to get upset, and to have to deal with any number of medical concerns. When you need someone to turn to, or that can help you get the legal recourse you need, contact a birth injury lawyer.
Causes and Types of Birth Injury
A birth injury can be the result of illness during pregnancy, or an unpreventable complication. However, some birth injuries are caused by negligence on the part of the medical professionals involved. Common preventable injuries are caused by improperly pulling on the infant, mishandling medical tools, or administering medication incorrectly. Examples of birth injury include cerebral palsy, seizures, perinatal asphyxia, broken bones, and infection.
The resulting health concerns can last a lifetime. This can include, but are not limited to:
* Decreased muscle strength
* Lack of nerve sensations
* Cognitive or emotional development delays
* Bone structure and joint problems
* Psychological challenges
* Hearing or vision loss
Each case is highly individualized, which can make pinpointing the cause of health concerns challenging. Additionally, medical mistakes may not be accurately documented.
A Birth Injury Lawsuit
If a birth injury is the result of medical malpractice, you may be entitled to compensation. This may cover medical costs, particularly if the health condition will last a lifetime. A settlement may also include pain and suffering, as well as other hardships. Medical malpractice lawsuits are complex and may involve the physician, the hospital, nursing staff, or anyone else involved in prenatal care and delivery. It must be proven that the medical professionals failed to provide adequate care above the standard. Other medical professionals will likely be involved to provide testimony as experts.
Hiring a Birth Injury Lawyer
It’s important to speak with a birth injury lawyer as soon as possible. Timeliness is an essential factor in this type of legal matter, and a statute of limitations exists. This is a stressful time, so having someone fighting for your legal rights can ease some of the burden. A birth injury lawyer will investigate the details of your claim and gather medical documents. He or she will represent you and your family in hearings and at trial, if necessary.
The outcome of your claim can be difficult to predict. In most cases, a successful claim will be awarded to the child in the form of a trust. The parents may be entitled to compensation for emotional distress separately.
