Birth injury refers to a very specific type of personal injury acquired by either the mother or child during labor. What makes this type of injury unique is that unlike other types like car accidents, this could have been prevented with proper medical care.
Another thing that sets this personal injury apart is the fact that the injury does not manifest immediately. In fact, it may take up to a few several weeks, or even months, before the injury could become noticeable.
Regardless of the severity of the injury, however, it is highly recommended that you seek the help of the best birth injury lawyer you can find. It is, after all, the health and safety of your child on the line.
Defining Birth Injury
Birth injury is deemed to be a direct result of negligence on the part of a medical practitioner or health care provider. One of the most common cases is birth asphyxia or oxygen deprivation.
There are also instances when the baby is injured during labor because of excessive pressure, either on the head or any other part of the body. Cerebral palsy and Erb’s palsy are also other conditions that can be attributed to medical negligence during birth.
Birth injuries can occur not only during labor, as in the mishandling of normal delivery or a failure to perform an emergency C-section, but also even prior to that. Misdiagnosing a medical condition, for example, wrong prescription of medication that can harm the patients at any point of the pregnancy–before, during, and after–can fall under birth injury
Birth Injury Lawsuit
Once the condition has been diagnosed, and there is sufficient medical proof to attribute it to medical malpractice, consider filing a birth injury lawsuit. Essentially, the goal is to claim damages and compensation.
Some of these injuries, such as cerebral palsy, for example, will require greater expense in order to make sure the child is provided everything they need living with the said condition. Filing a lawsuit, therefore, is a justified way to get the compensation you deserve in light of this life-altering experience.
Birth Injury Lawyers
To achieve this, it is crucial that you seek the services of a birth injury lawyer. As with any lawsuits, claiming for damages puts the burden of proof on the one making the claim. The progression of the case can either lead to a full-blown trial or an offer for a settlement.
Whichever direction your claim goes, you will still need the help of a birth injury lawyer. They will take care not only of the documentation and consequent legwork, but they will also make sure you have all the proper evidence presented to the court.
In settlements, they can represent you at the table and determine if the offer is accepted, or if it warrants a negotiation.