Birth Injury Lawsuit
Summary: Learn about birth injury lawsuits including the causes, types of injuries, elements necessary for a successful legal claim and the importance of contacting an experienced birth injury attorney.
Anticipated joy can turn to tragedy if an otherwise healthy baby is injured during the course of labor or birth. At times, these birth injuries are an unavoidable part of the birthing process and no one is at fault. In other cases, however, a doctor or nurse’s mistake or negligence in the delivery room can mean the difference between a healthy baby and one that is seriously injured or permanently disabled. If your child suffered an injury during birth you may be entitled to compensation. Contact a birth injury lawyer to learn more about filing a lawsuit.
What are the Causes?
Injuries to an infant’s delicate bones or nerves, such as erb’s palsy, can easily occur from improper application of forceps, vacuum extractors, or other medical instruments during delivery.
Neurological injuries, including cerebral palsy, mental retardation or disability, and brain damage during birth can result if a doctor fails to recognize or respond immediately to a loss of oxygen supply to the fetal brain.
Types of Birth Injuries
There are several types of birth injuries:
- Cerebral Palsy
- Erb’s Palsy
- Brain Injury/Damage
- Birth Trauma
If your child suffered an injury during birth you may be entitled to compensation. Contact a birth injury attorney to learn more about filing a lawsuit.
Elements of a Birth Injury Case
Before filing a birth injury claim it’s important to understand that you will need to prove the following in order to be successful:
- The defendant (e.g. obstetrician, surgeon, physician, nurse, medical facility, pharmaceutical company, medical device manufacturer, etc.) owed a legal duty of care to your baby;
- The defendant breached the legal duty of care by acting or failing to act in a manner in which a reasonably competent individual would have, under the circumstances;
- The defendant breached the legal duty of care which caused harm to your baby.
Filing a Lawsuit
If your child has suffered a birth injury that you believe to be the result of negligence you may be able to file a medical malpractice claim. However, if you plan on filing a lawsuit, you should contact a birth injury lawyer immediately. Each state has a time limit, called a statute of limitations, restricting how long you have to file a birth injury lawsuit. The time limit varies from state to state. If you wait too long you will not be able to take legal action.
Contacting a Lawyer
If you are considering on filing a lawsuit, it is important to seek legal help from an experienced birth injury lawyer that is familiar with your state laws. Birth injury lawyers will help get you the compensation you deserve to plan for your child’s future. Time may be limited to file a claim so don’t delay contact a birth injury attorney today!