The birth of a newborn is a highly-anticipated, exciting time. The medical team that delivered your baby was required to provide you and your child with health care that meets a certain standard. A medical error can lead to a birth injury. A settlement cannot begin to make up for the harm your child suffered, but it can help your family meet your child’s ongoing needs.
If your child suffered a birth injury during their delivery, a personal injury lawyer can explain how to prove a birth injury occurred. A lawyer can collect evidence, consult medical experts, determine the cause of the injury, and identify the negligent medical professional. A lawyer can also collect the medical records, bills, and prognosis that help define the costs of the compensation you are entitled to.
Causes of Birth Injuries that Lead to Compensation
Stanford Children’s Health research notes some common labor and delivery situations that may lead to potential pregnancy and delivery complications, including large babies, atypical delivery presentations, prolonged labor, and the use of delivery devices like forceps and vacuums. Common causes of birth injuries include:
- Failure to monitor your progress regularly and adequately throughout labor and delivery
- Failure to monitor the baby’s heart rate for signs of distress throughout labor and delivery
- Failure to take immediate action when fetal distress is obvious
- Failure to properly manage a high-risk pregnancy and delivery
- Failure to promptly diagnose potential complications
- Failure to deliver the child be C-section when one is medically indicated
A personal injury lawyer from our firm can investigate the specific circumstances surrounding your labor and delivery. Our lawyers can also investigate the prenatal care you received to uncover the cause of your child’s injury.
Evidence Our Birth Injury Team Can Gather
Substantiating the cause of a birth injury can depend on a combination of evidence and witness statements. A birth injury lawyer can collect the following evidence on your behalf:
- Your pre and postnatal medical records
- Your child’s ongoing medical records
- Photos (when beneficial)
- Witness statements
Our team members can also consult expert medical witnesses. They can tell the story of your labor and delivery to demonstrate how medical negligence led to your child’s birth injury.
For a free legal consultation, call 800-350-5777
How Our Birth Injury Lawyer Fights for Your Financial Recovery
When the birth of your baby is marred by a complication, our legal team can manage the details of your case. This will allow you to focus on the health of your baby. It will also ensure your case gets the legal scrutiny it needs and is filed within the allotted time.
In addition to evidence collection, our personal injury lawyer can:
- Contact the insurance company and file your claim
- Build an evidence file that supports your case
- Locate and interview witnesses
- Negotiate with the negligent party or their insurer
We can also take your case to court if an appropriate settlement cannot be reached. To prepare your case for trial, we can depose witnesses and handle all filings, hearings, and motions related to your case.
Types of Birth Injury Cases Our Team Represents
During an initial review of your case, our birth injury lawyers can determine the type of injury your child suffered and its impact on their life. We represent clients in the following types of birth injury cases:
- Erb’s Palsy
- Brain Injury
- Brain Bleed
- Cerebral Palsy
- Shoulder Dystocia
- Stillbirth or demise
- Spinal Cord Injuries
- Meconium Aspiration
- Fractured Collarbones
- Bacterial meningitis/GBS Positive
- Necrotizing Enterocolitis (NEC) from Baby Formula
- Hypoxic-Ischemic Encephalopathy (HIE)/Oxygen Deprivation
If the birth injury your child suffered a birth injury that is not on this list, our team can still help you fight for compensation to cover their expenses and ensure they have access to the best possible medical care.
Holding the Negligent Party Accountable Can Ensure Your Child’s Needs Are Met
If your child suffered due to a birth injury, our law firm can fight for compensation. The financial compensation we can seek includes medical bills, parental lost wages, pain and suffering, and compensation for your child’s ongoing needs.
These can include specialized care, special education, and medical devices. Compensation can also ensure your child is able to receive physical, occupational, and speech therapy as needed.