Thousands of children with some sort of birth injury are born in the United States every day. Some remain affected their entire lives because of medical malpractice, whereas others face severe impediments to daily life functions. Fighting a birth injury case is a proper way to file for compensation from those who caused your child such irrevocable injuries. But how can you do so? This article provides a comprehensive guide to fighting a birth injury case and tells you all you need to know.
1. What Falls Under The Category Of A Birth Injury?
A birth injury occurs during childbirth due to medical malpractice. However, certain activities carried out shortly after a baby is born that result in harm to a baby are also grouped with birth injuries. These injuries can be both physical and mental or neurological. The most common physical birth injuries include a skull fracture, broken bones, or paralysis of the face or the arm. Neurological injuries include spinal cord damage, brain damage, or nerve damage that leads to palsy.
2. What Causes Birth Injuries?
There are wide-ranging causes of birth injuries, of which cerebral palsy is the most common. Its most typical cause is a lack of oxygen to the brain, which may occur due to several factors, such as an untreated maternal infection or complications in the womb. One other cause of birth injuries is physical trauma. Complicated and prolonged deliveries can cause the baby to become injured in the womb or birth canal because of direct pressure from the mother’s pelvis. Using too much force during delivery, using rigid instruments such as forceps, and physically pulling on the baby can also cause trauma and complications.
Several platforms, such as Birth Injury Justice Center, offer legal help and thorough information that helps identify birth injuries. That is because not all congenital disabilities are birth injuries, as some may be caused by factors out of a doctor’s hands. Birth injury lawsuits are not applicable in such cases.
3. What Is A Birth Injury Compensation Claim And How To Proceed With It?
A birth injury compensation claim is a legal claim that parents make on the part of a child who has suffered harm or damage before or after birth. Parents who make a claim must be thoroughly prepared to prove that medical malpractice or negligence was the reason behind their child’s defect. They can do that with the help of experienced legal teams who can considerably increase the chance of winning compensation to take care of their child.
A birth injury compensation claim includes several factors, and it is vital to keep track of all of them when filing a claim. One such aspect is keeping track of all your birth injury expenses and what they may cost you in the future. Your claim may include medical bills already incurred, paid, or those you expect to pay in the future. It may also have the costs of any kind of therapy, in-house medical care, medications, institutional care, adaptive equipment, and travel for medical appointments. In several cases, a “Life Care Plan” is brought forward that estimates the possible expenditure of your child’s care over their life.
4. How To Fight A Birth Injury Case?
The first step to making a birth injury claim is starting with a lawyer or group of lawyers with expertise in birth injury cases and medical malpractice. It is advisable to choose one with a history of winning such cases. Once you have a team, you can relay the reins to them and let them investigate the incident. They would collect the required evidence to make a solid case and prove that the medical professional involved in your child’s birth made an error that directly caused the birth injury. Your medical team thus represents you and fights your case. Be sure to bring original copies of all medical correspondence and records between you and the medical professional/hospital into your lawyer’s notice.
Such claims are most likely to end up in a settlement, as a majority of hospitals and insurance companies avoid going to a costly and time-consuming trial. If they try to settle with you, your legal team can help you during these discussions and represent you accordingly. However, if you cannot reach a mutual consensus, the case may go to trial. There, a jury and a judge would listen to your evidence, listen to the defenders’ arguments, and may or may not grant you a settlement for your claim. It is also essential to remember that each state has a specific statute of limitations, which is the amount of time you can file a lawsuit after sustaining an injury.
The ultimate goal of a birth injury lawsuit is to root out the truth and provide justice to victims. Although it is a huge step, seeking justice for your child is an endeavor that would help your child and several more from being harmed in the future. It may seem daunting, but delaying it can only weaken your case.