Birth Injury Lawsuits: A Comprehensive Guide for Parents
The birth of a child should be a joyous occasion, but for some parents, this happiness is overshadowed by the devastation caused by birth injuries. In the U.S., there are 31.1 birth injuries for every 1,000 hospital births.
A birth injury refers to physical harm a baby sustains during labor and delivery. In many cases, birth injuries are a result of negligence and medical malpractice.
Often, the parents or guardians of a birth-injured child are left to deal with devastating consequences. Medical complications arising from birth injuries can necessitate lifelong treatment, which in turn results in financial hardship for the family of the birth-injured child. Additionally, birth injuries can have a significant emotional impact on the child and their family, resulting in anxiety, depression, or post-traumatic stress disorder (PTSD).
Filing a birth injury lawsuit offers a pathway for parents and loved ones of birth-injured children to get financial compensation, which they can use to ensure their little ones get the care they need. In this blog, we provide vital information about birth injuries and birth injury claims to help educate parents on the legal remedies available to them and empower them to make informed decisions.
Understanding Birth Injuries
Birth injuries are physical injuries or traumas sustained by a newborn during labor and delivery. These differ from congenital disabilities, which occur before birth.
Some of the most common birth injuries include the following:
Hypoxic Ischemic Encephalopathy (HIE)
HIE is among the most common types of brain damage to occur in the womb, during labor, and shortly after childbirth. It is caused by the baby's brain not getting enough oxygen (hypoxia). HIE can result in neurological or developmental problems, such as cerebral palsy.
Brain Injuries
Apart from cerebral palsy, other conditions can result from brain injuries caused by lack of oxygen or trauma during birth. These include:
Periventricular Leukomalacia (PVL)
Intraventricular Hemorrhage (IVH)
Developmental Delays
Epilepsy
Cognitive Impairments
Brachial Plexus Injuries
The brachial plexus is a group of nerves transmitting signals from the spine to the hand, arm, and shoulder. Injuries to the brachial plexus happen in approximately 1 out of every 1,000 births. Infants with these injuries might suffer from muscle function loss or even paralysis in the upper arm.
Fractures
Broken bones can occur during difficult deliveries. The clavicle or collarbone, in particular, can break during a breech birth.
The Impact of Birth Injuries
Birth injuries can lead to immediate and short-term health issues requiring urgent medical treatments, such as surgeries or specialized care. However, many cases result in long-term or permanent conditions requiring ongoing medical care, physical therapy, and specialized education.
The impact of a birth injury extends beyond medical concerns. Families often face significant emotional stress, accompanied by financial strain caused by ongoing medical bills and loss of income if the parent or parents need to provide full-time care.
Birth injury compensation claims provide an avenue for families to recover financial damages and seek justice for the harm caused to their children.
Legal Basis for Birth Injury Claims
At the core of many birth injury claims is the concept of medical negligence. This occurs when a healthcare professional fails to provide the reasonable standard of medical care expected, leading to injury or harm that would have otherwise been avoidable.
The legal standard of care refers to the expected level of care and expertise that a reasonably skilled healthcare professional with comparable training, working in the same medical community, would deliver under similar conditions.
For instance, if a baby shows signs of fetal distress during labor, the standard of care would require the healthcare professional to conduct appropriate monitoring and take timely actions based on the overall situation, such as administering oxygen to the mother and performing an emergency cesarean section.
The following elements must be established to prove negligence in a birth injury lawsuit:
Duty: A healthcare provider-patient relationship existed, meaning they had a legal responsibility to provide a certain standard of care.
Breach: The provider deviated from the accepted standard of care for a similar situation, such as performing or failing to perform actions that a reasonable and prudent doctor wouldn't have done. For instance, if the situation called for administering oxygen to the mother, but the provider failed to do so, this could be considered a breach.
Causation: The breach directly caused the birth injury.
Damages: The injury resulted in significant damages, such as medical expenses, pain and suffering for both the child and the family, therapy costs, and lost wages due to needing to stop working to care for the child.
Types of Birth Injury Cases
Birth injury lawsuits are broadly categorized into two: medical negligence and wrongful death.
Medical malpractice cases occur when a healthcare provider's negligent actions or inaction result in injury to the baby or mother.
Wrongful death cases occur when the negligent actions or inactions of the health professionals involved lead to the death of the baby or mother.
Both types of lawsuits aim to hold the responsible parties accountable and seek birth injury compensation for the physical, emotional, and financial damages suffered by the affected families.
Challenges in Birth Injury Lawsuits
There are strict time limits for filing a birth injury lawsuit, which vary by state. It's essential to act quickly to ensure the case is filed within the legal timeframe.
Additionally, proving medical negligence can be challenging. Establishing a breach of the standard of care requires substantial evidence and expert testimony. For this reason, it is crucial to choose a lawyer who is knowledgeable about birth injury law and has a proven track record in handling such cases.
Steps to Take If You Suspect a Birth Injury
Seek Medical Advice: If you suspect your child has suffered a birth injury, the first step is to obtain a thorough medical assessment to understand the extent of the injury and necessary treatments.
Document Everything: Keep detailed records of medical treatments, communications with healthcare providers, and any signs of injury. This documentation can be crucial in building a solid legal case.
Consult an Attorney: Seek legal advice from an attorney specializing in birth injury cases. They can provide guidance on the viability of the case and the best course of action, which might be to file a lawsuit.
If a birth injury settlement is reached, compensation can cover medical expenses, rehabilitation costs, pain and suffering, lost wages, and future care needs. This financial support can help alleviate the burdens associated with long-term care and provide resources for the child's ongoing medical and developmental needs.
Compassionate Legal Services for Birth Injury Cases
Birth injuries can have a profound impact on families, but understanding the legal options available can provide a pathway to justice and financial support. If you suspect your child has suffered a birth injury, reach out to Littlejohn Law LLC. Led by Andrew Littlejohn Johnson, Esquire, our firm's focus areas include medical negligence and wrongful death.
For more information and to connect with our attorney, contact us today.
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