Welcoming a new baby into the world is an exciting but also stressful experience. Every parent knows the stress that goes into anxiously anticipating your little one’s arrival, but no matter how carefully you plan, there are some things that simply cannot be planned for.
In the case of a birth injury, it’s important to know your rights and fight tooth and nail to secure the best quality of life you can for your child.
Whether this means ensuring they have access to the medical or mental health care they will need for years to come or coverage for dire healthcare services as soon as possible, you need to make sure you find someone who can help you provide for your child no matter what.
When facing hospitals and other providers, this is not a case you’ll want to fight on your own. Instead, make sure to meet with an experienced birth injury lawyer as soon as possible.
Your attorney will be able to use a wide range of legal powers granted through legislation to your family’s advantage, ensuring they can seek to hold the responsible party accountable. They can also help you through the complex process of building a malpractice claim.
At CEO Lawyer Personal Injury Law Firm, our sole goal is to give your case the highest chance of success. Speak to a birth injury attorney near you during a free, no-obligation case review when you use our online contact form to schedule your appointment today.
How Can a Birth Injury Attorney Help Me and My Family?
The best time to find a birth injury attorney is as soon as possible following a birth injury. Hiring the right lawyer can be an invaluable first step when it comes to filing an official malpractice claim and going up against a large medical institution.
A birth injury attorney specializes in cases that involve any complications that occur during and after a child’s delivery as a result of a deviation from the standard of medical care.
They understand the laws and medical standards that apply to childbirth, birth injury cases, and different types of claims related to medical malpractice.
On a day-to-day timeframe, they can also provide guidance on how to proceed with your claim, ensure all necessary legal paperwork is filed on time, and represent you in court if necessary.
Hiring a birth injury attorney can mean ensuring your rights are protected, your case is taken seriously, and that you will have access to professionals with years of experience.
An experienced lawyer has the resources you may need to build evidence in support of your case and the expertise needed to navigate the court system’s complexities. They can help maximize compensation for your family and reduce the stress associated with pursuing justice.
What Are the Most Common Types of Birth Injuries?
When considering a birth injury lawyer, you should understand the different types of birth injuries that can occur. These days, some of the most common types of birth injuries include:
- Brachial plexus injury is damage to a bundle of nerves near the neck that can lead to partial or complete paralysis in an arm or hand.
- Cerebral palsy is a neurological disorder that causes difficulty with movement and coordination due to brain damage.
- Facial paralysis, pressure on a baby’s face during labor, may injure their facial nerve and result in paralysis across the face or cause the baby’s eyes not to close.
- Erb’s palsy is an injury to the brachial plexus nerve bundle on one side of the body that can cause temporary or permanent paralysis in the arm.
- Klumpke palsy is an injury to the brachial plexus nerve bundle on both sides of the body that can cause temporary or permanent paralysis in both arms.
- Perinatal asphyxia is inadequate oxygen supplied to a baby during labor and delivery, leading to injury or death.
- Placental abruption, which is when a placenta partially or completely separates from the wall of a mother’s uterus before childbirth.
These are just some examples – there are many other types of birth injuries that are less obvious or more often diagnosed down the line.
So if you are worried that your baby may have experienced any sort of injury during labor, make sure to bring them to a qualified physician immediately.
Additionally, birth injuries affecting the mother could qualify for a malpractice claim, especially when the injury results in impairment to an organ or loss of use to a bodily function, permanently or temporarily.
What Are Common Causes of Birth Injuries?
Birth injuries can and do occur during delivery, so it’s important to stay on the lookout and remain prepared for the worst-case scenario.
In some cases, birth injuries are caused by an infection or a lack of oxygen during labor and delivery. However, other times, they may be the result of medical malpractice or negligence on the part of a doctor or other medical practitioner.
Common causes of birth injuries include:
- Physician error in diagnosing and treating maternal conditions
- Improperly administered anesthesia or medication
- Negligence in using forceps, vacuum extractors, or other delivery devices
- Delay in performing an emergency cesarean section (C-section) when necessary.
It’s important to understand that birth injury claims can be difficult to prove and require a highly qualified legal team to ensure that families have the best chance for success. Nevertheless, fighting for your baby’s rights is a battle we’re always prepared to take on.
What Are the Warning Signs That Can Signal a Birth Injury Has Occurred?
When it comes to birth injuries, it’s essential to recognize the warning signs to ensure your baby receives the care they need in a timely manner. Here are some of the most common warning signs that a birth injury has occurred:
- Fussiness, crying, or irritability
- Seizures or jitteriness
- Lack of muscle coordination or difficulty sucking
- Poor feeding or unusual fatigue
- Changes in skin color
- Inability to move one or more limbs
If you observe any of these signs, you should consult with a physician and a birth injury lawyer right away. Your lawyer can help you determine whether there was medical negligence involved and advise you on the best course of action for getting the compensation your family deserves.
Who Can Be Held Liable in a Birth Injury Case?
When it comes to birth injury cases, the most important question to ask your lawyer is who can be held liable. Depending on the circumstances, liability may fall on a doctor, hospital staff, or even the birth facility.
The manufacturer of a specific medical device or licenser of a specific medical technique could also be at fault in some instances. Your lawyer will investigate the facts of your case and determine who is responsible for your baby’s injury.
In order to hold someone liable, your lawyer must prove negligence, medical malpractice, or harm caused by a medical device. They will review medical records and consult with medical experts as part of their investigation.
Once they have identified which parties may have been involved in medical negligence related to the baby’s or mother’s injury, they can help you seek financial compensation for any relevant damages.
Your birth injury lawyer will also help you decide if filing a lawsuit is necessary or if it would be beneficial to pursue an out-of-court settlement option instead.
By taking the time to discuss all of these questions with your attorney, you can ensure that you receive fair — and just — compensation for your birth injury.
What Is “The Standard of Care” for Doctors?
To understand the term ‘medical malpractice,’ we should review the concept of “standard of care.”
Standard of care can be defined as the level of “treatment that is accepted by medical experts as a proper treatment for a certain type of issue, and that is widely used by healthcare professions.”
Forbes explains that “the standard of care is a legal term that is applied to determine if a person or company should be held responsible for harming others and thus should be made to compensate victims…
…In medical malpractice cases, the standard of care definition is based on the customary practices of the average provider.
This means the healthcare provider’s actions (or inaction) are judged based on what a reasonably competent provider with the same level of training would have done under the circumstances.”
In birth injury cases, this is particularly important because specialists will be held to a higher standard than the average doctor.
This means that no matter your hospital or socioeconomic level, every family deserves access to a provider who is versed in basic best practices and equipped to avoid fundamental errors in the delivery room.
In order to prove malpractice, you must demonstrate that there were two components present:
- A doctor-patient relationship that required a certain standard of care
- The standard of care was breached, either by inaction or negligence
Your birth injury lawyer should be able to discuss each element with you and make sure that you have an understanding of what was expected from medical personnel during your baby’s birth. They will have the resources available to build a compelling case for malpractice if needed.
What Kinds of Damages May I Be Able to Receive in a Birth Injury Case?
Often, people think of medical bills and lost wages when discussing damages in a birth injury case. These can come with an immediate impact on your finances, but they can also often result in painful, ongoing expenses that may become too difficult to bear.
For example, if your child requires early physical or behavioral therapy, you’ll be expected to pay for these expenses unless you secure compensation from a liable party.
In the very worst case scenarios, if your child is not able to work when they get older, you’ll face an uphill battle trying to provide for them for the rest of both of your lives.
In addition, there are many other kinds of damages that may be awarded in a successful birth injury case.
Specifically, you may be able to receive compensation for:
- Past and future medical care
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of earnings capacity
- Loss of enjoyment of life.
Additionally, if the injury was caused by negligence, then punitive damages may also be awarded through a trial verdict, though these are typically awarded far less often than compensatory damages.
When evaluating punitive damages, the court will evaluate the severity of the case to decide on an appropriate award amount.
It is important to note that depending on your state’s laws, you may also be able to receive compensation for future medical costs and lost wages associated with your child’s injury.
How Soon After a Birth Injury Should I Reach Out to a Birth Injury Attorney?
The timeline for reaching out to a birth injury attorney can vary depending on your circumstances. It is usually wise to speak to a lawyer as soon as you can after your child’s diagnosis, as there are time limits on filing a claim.
If you’re unsure whether it is too late, it is best to speak with a birth injury attorney as soon as possible.
Plus, the CEO Lawyer Personal Injury Law Firm offers free consultations for interested parties, so if you’re unsure whether your situation constitutes a viable birth injury case, make sure to reach out to them just in case.
We’ll be able to review your situation and offer guidance on the best next steps to follow.
Reach Out to a Birth Injury Law Firm Today
The birth injury attorney team at CEO Lawyer Personal Injury Law Firm is here to help you through this difficult time. Call us today at (833)254-2923.
We understand the stresses that can come with these cases, and we help guide our clients through every step of the process in order to maximize their chances of successful damage recovery.
Our birth injury lawyers are available for a free case review to discuss your legal options and the types of damages you may pursue. Your first appointment is always free and confidential, with no obligation to continue working together after.
We also provide representation on contingency arrangements, meaning you won’t owe us anything unless we are able to recover damages for you and your family.
Our attorneys know that a birth injury can be a devastating experience for your family and come at the expense of a wide range of costs for you and your child. So don’t hesitate to secure the protection they need today and well into the future.
