Birmingham Birth Injury Attorney
Birth Injuries: Frequently Asked Questions
If you have a child that has suffered from a birth injury, you may have
several questions. Below, we have selected and answered some of the most
frequently asked questions about birth injuries, as well as how you can
proceed with a
medical malpractice claim for compensation.
How common are birth injuries?
It is estimated that .005% of babies born in the U.S. will be injured during
birth. In other words, out of every 1,000 babies born, five will be injured.
What is the difference between a birth defect and a birth injury?
Birth injuries are generally caused by something that went wrong during
delivery. They are often the result of medical malpractice, and can be
caused by improper use of birth-assisting tools, failure to identify or
respond to birth complications like a wrapped umbilical cord, failure
to order a C-section when necessary, failure to identify fetal distress,
and more. Birth defects, on the other hand, involve circumstances that
occurred prior to a birth while the baby is still growing, and are often
inherited. Types of birth defects include congenital heart disease, spina
bifida, cleft lip or palate, or Down Syndrome.
What circumstances can result in a birth injury lawsuit?
Most birth injury cases result from medical malpractice; that is, when
a doctor fails to perform his duty to correctly assess and respond to
conditions or complications that arise during pregnancy or delivery. If
a birth injury is suspected to have been caused by a prescription drug
taken during pregnancy, this may also be a cause for a lawsuit.
What is medical malpractice?
In short, medical malpractice involves negligence on the part of a physician,
hospital, or other health care professional that leads to the harm of
their patient. Malpractice can be determined by comparing the negligent
doctor’s actions against others in the same profession with similar
experience to determine whether their course of action was negligent.
How can I obtain legal help for a birth injury?
Birth injuries can affect you and your child for a lifetime. You may be
faced with not only the emotional trauma of knowing your child’s
injuries could have been prevented, but also the financial burden of providing
ongoing care. After you have obtained treatment for your child, it is
important to consider retaining the services of an experienced lawyer
that handles birth injury cases. If you should decide that you wish to
seek reparation, your lawyer can offer you the advice you need to get
the compensation you deserve.
Who will receive money if my case is successful?
Any damages that are awarded in a successful birth injury case will typically
be granted to the child in the form of a trust. Parents can also be awarded
money for emotional distress damages, if applicable.
Do you have further questions about birth injuries and your legal rights?
Contact our Birmingham medical malpractice offices today to set up a