Birth injury is a tragic mishap that can transform our excitement and joy into sadness and devastation. Moreover, birth injuries can have life-changing effects on the entire family. Sometimes, birth injuries are caused by medical malpractice or negligence that could be prevented. If you think your child suffered a birth injury due to medical mismanagement, you can file a birth injury lawsuit against the responsible party. You should speed up because the sooner you file a birth injury lawsuit, the better. Remember, birth injury proceedings are different from other types of cases and require proper knowledge. This article will give you a detailed guide about birth injuries and legal ways to get help.
- Birth Injury and Its Types
Birth injury is defined as the damage that occurs during the child’s birth as a result of physical pressure while transiting through the vaginal canal or lack of oxygen to the infant. These injuries range from a mild rash to nerve damage that can lead to permanent disability or even death. Most of these injuries have short-term pain. Unfortunately, some of these injuries, such as damaged nerves or broken bones, affect your child for the next several years or even permanently. Some of the common types of birth injuries are:
- Brachial Palsy
- Facial Paralysis
- Infant Brain Damage
- Erb’s Palsy
If your child has a severe birth injury, you must file a birth injury lawsuit. But before that, you have to answer this question “Is your child affected by a birth injury or a birth defect?” For that, you must understand the difference between the two.
- Birth Injury VS Birth Defect
You should know the difference between birth injury and birth defect because the defense attorney will argue that your child has a birth defect, not a birth injury. Both of them have similar symptoms, but there is a big difference. A birth defect is a genetic disorder that occurs while the child is still in the mother’s womb. Contradictorily, a birth injury occurs during the labor process. In case of a birth defect, the doctor tells the parents about the disability before the labor process. If they didn’t, then it must be a birth injury. Hence, you can prove whether your child has a birth injury or a birth defect.
- Why File a Lawsuit for Birth Injury?
Birth injury lawsuit may not solve your child’s medical illness, but it will help you compensate damages for:
- All of your child’s medical expenses due to the injury
- The amount for their special education, counseling, behavioral modifications
- The wages that are lost for providing care to your child
- Cost of special equipment and live nursing care for your child
In addition, there will be unexpected expenses for your child’s long-term care. A successful birth injury claim will hold the careless healthcare providers responsible for their actions. It will provide a lesson to them that can save the lives of many other children.
- What Evidence Attorney Can Demand?
To make your claim successful, you have to provide evidence to the birth injury attorney that the hospital’s way of doing things was wrong or harmful.
- The attorney will look for evidence of:
- Doctor’s notes
- Lab tests
- Pharmacy Dispensing Sheets
- Lab work was performed during the pregnancy and birthing process.
You have to prove that your child has a medical disorder that was caused due to the negligence of clinical staff. It is very difficult to prove clinical negligence because there are many ways of carrying out a medical procedure.
- Will Your Claim Succeed?
Some parents feel hesitant to file a lawsuit thinking whether they can succeed. They often think it would be difficult for them to take care of their child as well as fight a case in court. In addition, the expenses of filing a birth injury lawsuit will be difficult to arrange from an already disturbed budget.
If you are also thinking the same, then you can try to resolve the issue by settlement rather than the claim. There are many advantages of a settlement over a legal trial:
- The outcome is very quick
- You can ponder on their terms and agree to the ones you like
- You don’t have to spend your time and money
Almost 97% of the payouts in medical malpractice claims resulted through settlement. In a trial, unexpected results often come out. So, it’s better to talk to the hospital administration and make a deal.
Giving birth to a child is the happiest moment of every parent’s life, but sometimes, the worst things happen, like birth injuries. It can be agonizing for the whole family, especially if someone’s fault has ruined your child’s whole life. You will be angry, but you have to control yourself and think about your child’s future. The best way is to hire a lawyer and file a birth injury lawsuit against the birthing center. According to a report, $348065 is the average payout in birth injury claims. This huge sum of money will help you provide better facilities for your child.