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Seeking Compensation After A Birth Injury

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The birth of a child is a joyous time for families. While most people go through childbirth and deliver a healthy baby, some are not as lucky. Many babies are born with inherited conditions that cannot be helped, but some are injured during the birth process because of a mistake made by a doctor or hospital staff. Below is an overview of personal injury law and how it can help families who have children injured during birth due to medical malpractice.


What Is A Birth Injury?


A birth injury is defined as a medical condition that is not caused by a genetic or inherited problem. Babies who suffer this type of injury while being born, would have been healthy if not for the carelessness of medical professionals.


What Is The Most Common Birth Injury?


Cerebral palsy is one of the most common types of birth injuries today. According to the Center For Disease Control or CDC https://www.cdc.gov/ncbddd/cp/index.html this condition affects 1 in 323 children in the United States today. While this condition can be inherited, many children born with it are the victims of unfortunate events due to the negligence of medical staff.


How Does It Happen?


Medical malpractice can take many forms and occur in a variety of ways. Some of the most common mistakes that lead to birth injuries and personal injury case filings include:

  • Delayed Diagnosis
  • Missed Diagnosis
  • Surgical Mistakes
  • Prolonged Labor
  • Medication Errors

What Can Parents Do If Their Child Is Injured?


Parents of children born with serious medical conditions caused by medical professionals, should not hesitate to speak with a lawyer for advice. An experienced personal injury lawyer will examine the facts surrounding the birth of the child and determine if a lawsuit should be filed. Not all cases will qualify as a personal injury claim, only those whose medical condition was caused by the negligence of the attending doctor or other medical staff.


What Damages Could I Receive?


There are no guarantees regarding the types of damages the parents of an injured child might be awarded. However, the following are common in birth injury cases:

Pain And Suffering
Emotional Distress
Cost Of Hospital Bills
Price Of Ongoing Health Care
Cost Of Medical Devices Such As Wheelchairs


How Long Do I Have To File A Claim?


The length of time you have to file your lawsuit depends upon the statute of limitations in your state. Because it is crucial to file your case before this time period runs out, it is best to speak with a lawyer as soon after the birth or diagnosis as possible.

Most parents are overwhelmed and confused when the birth of a child goes wrong. However, there is help available. Contact an experienced personal injury lawyer to learn about all of the options available to your family under the law. Obtaining a settlement will not restore your child’s health, but it can give you much needed resources to care for your child.

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