A newborn baby with dark brown hair looks at the camera.

No family should have to go through the experience of navigating a birth injury. It can be a really difficult and trying time and unfortunately, the impact on your family can be long-lasting. Your child could suffer a long-term issue that leaves you struggling with medical bills, and wondering who’s at fault.

Moments that are meant for cuddling and bonding, turn into hours of research. Trying to understand a new diagnosis and find treatment options. 

Depending on circumstances and blame, a birth injury lawsuit could potentially help. In this guide, we’ll answer your questions and do our best to point you in the right direction.

Common Birth Injuries

Birth injuries come in many different forms and can happen immediately before, during, or in the short period after childbirth.

These injuries can be temporary, or in some cases more severe.

Some of the more common injuries that affect families are:

► Bruising and bone fractures

Erb’s palsy

Kernicterus

► Cerebral palsy

► Cognitive disabilities

In this next section we’ll explain some of the reasons birth injuries occur. Follow along to learn more.

A closeup image of a baby's boy face.

Causes of Birth Injuries

There are many reasons for birth injuries. Some are natural and unavoidable while others stem from medical negligence. 

Difficult births can sometimes cause trauma to your child. For instance, if the birth calls for forceps then there may be bruising or scratches. Fortunately these types of injuries go away in a couple days, but sometimes worse harm is done

Another common issue is oxygen deprivation which can lead to serious health conditions such as cerebral palsy. Cerebral palsy, for example, can be congenital or acquired. Meaning it’s genetic or something happens to cause it.

No matter the cause, handling a birth injury can be challenging. If you feel like your baby’s injury was because of the lack of skill or attention by a medical professional, we encourage to reach out to a medical malpractice lawyer. You don’t have to go through this alone!

Does Your Baby’s Injury Call For A Lawsuit?

It can be difficult to analyze everything, especially in the midst of a traumatic experience. That’s why you need someone on your side to help you maneuver the situation and figure out who’s to blame. 

It’s possible there’s nothing your doctor could have done. But it’s also possible someone made a bad decision.

Healthcare professionals have a duty of care to follow to make sure your child is safe. Prenatal care and monitoring are part of this, in addition to the birth. If a healthcare professional drops the ball, you have every right to sue. You and your baby deserve better. 

Why Look For a Settlement?

In times of crisis, its hard to think about things such as money. But at some point, you may want to consider how this mistake will impact your family financially. 

It isn’t fair for a family to deal with the burden of mounting medical bills when someone else is to blame. That’s why many people turn to a birth injury attorney to help them sort through the options.

You may seek a settlement for any of the following reasons:

► You want to see a healthcare professional brought to justice.

► To ensure this doesn’t happen to somebody else.

► So you don’t have to struggle financially.

► Wanting to provide the best possible care for your new child.

No matter the reason, you deserve to have your voice heard and fight against this act of medical malpractice. 

A child's wheelchair with colorful red wheels.

What’s The Process For A Medical Malpractice Lawsuit?

The goal of any lawsuit is to figure out the truth. And also to provide justice for victims. That’s why it’s vital to work with the best birth injury lawyer possible. Someone who can represent you well and help prove the truth. 

The process will involve a legal consultation, of course. Be sure to bring copies of any and all medical records and correspondence between you and the doctor/hospital. Your lawyer will also help you establish how much should be sought in damages. 

Often times in birth injury lawsuits, a “Life Care Plan” will be brought forth. This plan helps estimate how much your child’s care will cost, over their lifetime. This may include the costs of therapy, medication, caregivers, transportation needs, and many other things. Your lawyer and the defendant (often times the hospital or insurer’s legal team) will go back and forth until they reach an agreement. If both parties don’t reach a settlement then it’ll likely go to court.

It’s important to remember that each state has its own statute of limitations, which is basically the amount of time you have to file a lawsuit after an injury.  A lawyer will help guide you on this! 

How Long Will It All Take?

If your case goes to trial it can often take several years to fully resolve. This can be daunting for new parents. The good news is that in most cases, the guilty party will offer a settlement before it gets to that point. A settlement is a large sum of money that will be given all at once or in periodic payments. 

If you think you’ve been affected by medical malpractice and your child has suffered a birth injury because of it, don’t hesitate to contact us. It’s the first step in getting justice for your baby!