How Do Birth Injury Cases Work?

Birth injuries can result from negligence, medical malpractice, or error caused by a medical professional. Birth injury lawsuits are designed to hold medical professionals accountable and win financial compensation for you or your child’s medical bills and ongoing medical care. It’s important to file a lawsuit as soon as possible. The statute of limitations varies by state when filing a medical malpractice claim. Filing a birth injury claim outside the statute of limitations could impact your ability to get compensation for your lawsuit.

The Basics of Birth Injury Claims


Birth injuries happen during childbirth and could be caused by fetal distress or oxygen deprivation (Cerebral palsy), damage to the baby’s head from the use of forceps (Erb’s palsy), and injuries from the baby’s shoulder getting stuck in the birth canal. Plaintiffs in a birth injury case must prove a breach of legal duty or standard of care that resulted in the child’s birth injury. The first step in a birth injury lawsuit is to seek the legal advice of an experienced law firm that specializes in birth injury cases.

Most birth injuries heal without treatment, but severe injuries can result in permanent injury such as brain damage. Birth injury law falls under medical malpractice and includes cases related to medical negligence on the part of an obstetrician resulting in birth defects. Triple A Radio explains the ins-and-outs of a birth injury case including the need to work with an experienced birth injury attorney. Gathering medical records, expert witnesses, and medical experts can be overwhelming. A birth injury lawyer can handle your medical malpractice case and win you the compensation you need to cover medical bills and ongoing care.

Statute of Limitations


The statute of limitations sets a time limit for filing a birth injury claim. This time limit varies by the state, but in most instances, the statute of limitations begins from the moment your child sustains a birth injury. You need to speak to a birth injury attorney immediately to determine if you can take legal action. The deadline to file a claim can range from one year to twenty years, and depending on the nature of the birth injury, there may be an exception or special rule. Some birth injuries aren’t detectable at birth and take years to show signs or symptoms.

Determining a Settlement Amount


Medical providers may offer a settlement amount after determining a child has sustained a birth injury. While it’s tempting to settle out of court, you need to accurately calculate your current and future financial losses. You need to draft a life care plan that considers daily care in a facility or home, ongoing medical care and treatment, special equipment or home modifications for independent living, and other living expenses. Also, consider seeking compensation for pain and suffering or loss of enjoyment of life. Use the life care plan to determine if the settlement offered is sufficient or if you need to proceed to court.

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Not all birth injuries are caused by medical error or negligence. Sometimes injuries happen naturally during the birthing process, despite the efforts of your health care provider. When you suspect your child has a birth injury, it’s important to look at the circumstances of the birth before pursuing legal options.

Posted in Law