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 free consultation.

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