Pursuing Legal Action for Your Child's Birth Injury

Every parent wants their child to be born healthy and without any complications. Unfortunately, complications can arise during delivery and cause serious injuries in babies. If your child suffered a birth injury and you believe it was due to a doctor or another medical professional's negligence, you have the right to file a medical malpractice claim. A birth injury can lead to pain and suffering for the entire family and you deserve compensation for that.

Why Do Birth Injuries Happen?

Delivering a baby can be a complicated process, so doctors, nurses and other medical staff are expected to be on top of their game at all times. However, they can still make mistakes that results in a birth injury. For example, if a doctor fails to recognize that a baby is breech, it could cause the umbilical cord to become compressed and prevent adequate oxygen flow to the baby. Injuries can also occur if a doctor pulls the baby too hard during delivery. If the doctor uses too much force, the baby could suffer brain damage and other complications.

How Much Compensation Can You Collect?

The amount of money you can collect from a birth injury lawsuit can depend on many different factors, such as the severity of the injury and what future treatments your child may need. Here are the types of damages available in a birth injury lawsuit:

  • Financial Damages: These damages include the costs related to your child's injury, like present and future medical care and special education needs.
  • Non-Economic Damages: Non-economic damages, such as emotional distress and loss of enjoyment, are more difficult to measure, but they are available in a birth injury lawsuit.
  • Punitive Damages: If you can prove that your medical provider's acts were malicious, you may be entitled to punitive damages. These damages are supposed to deter other medical professionals from doing the same act.

What Are the Statute of Limitations?

You only have so much time to file a birth injury lawsuit. Once that time has passed, you no longer have the legal right to collect compensation. The statute of limitations can vary from state to state. Some states only give you two years to file a lawsuit while others may give you three years. That is why it's important to file a claim as soon as your child is diagnosed with a birth injury.

Should You Hire a Birth Injury Lawyer?

A birth injury case can get quite complicated, so hiring an experienced birth injury lawyer might be in your best interest. A reputable lawyer has most likely handled cases similar to yours in the past and knows what type of evidence you need to prove negligence. He or she will dissect your case thoroughly and develop a strong argument against the defendant. An experienced lawyer also won't let the insurance company get away with offering you an amount that's too low.

Walking into a courtroom can also be very intimidating without a lawyer. You might get nervous and accidentally say the wrong thing. Your lawyer will help you prepare for court and stand next to you the entire time, which can be very comforting.

Many birth injury lawyers also work on a contingency basis, which means they collect a percentage of the money you win. If you do not win your case, you are not responsible for paying your lawyer any money.

During your initial consultation with a malpractice lawyer, do not hesitate to ask him or her how much experience he or she has with these types of cases and how he or she plans to take on your case.