How Birth Injury Lawsuits are Settled – More Inside
The birth of a child is meant to be a momentous occasion, the culmination of nine months of gestation and being careful as a mother, and the anticipation of a smooth and painless delivery if possible. Every woman that goes into labor trusts that they are in the good hands of a competent physician who will help bring their bundle of joy into the world in a safe manner. While we as humans have great expectations, people can let us down, and professionals are not exempt. Birth injuries usually happen due to some form of neglect, and it is important that you not chalk it up to “bad luck” or fate, and that you hold the negligent party accountable for their actions. Birth injuries can be so serious that they lead to lifelong disability due to condition such as cerebral palsy which was up until about 60 years ago thought to be as a result of a fluke of nature.
Are you a mother whose child was the victim of birth injury? If your child developed health complications due to the mistakes of a physician who should have taken better care during delivery? We empathize with you given the lifetime toll birth injuries can take, but would like to advise that you not let the doctor responsible off the hook. Under medical malpractice, you are afforded the chance to file a birth injury lawsuit to recover money damages for your child’s medical care and rehabilitation, as well as non-economic damages such as mental anguish and pain and suffering. Please contact us NOW at (773) 825-3547 to learn more about your legal options for compensation with regard to birth injury. The call is 100% FREE, and there is no obligation.
Birth injury has many causes, with some of the most common ones being:
- Failure to monitor the child or mother’s vitals
- The use of forceps to aggressively remove the baby
- Not acting fast and performing a caesarian section
- The improper use of artificial oxytocin, known as Pitocin
- Failure to appropriately respond to fetal distress
- Failure to respond to maternal distress
- Leaving the baby in the birth canal for too long
- Failure to provide oxygen to the newborn after being born hypoxic
- Failure to take an accurate and extensive family history of the mother
- Failure to order genetic testing prenatally
- Failure to treat gestational diabetes
Here are some of the most common types of birth injury:
- Cerebral palsy
- Spinal cord injury
- Brain damage
- Brachial plexus damage or nerve damage
- Internal hemorrhage
- Facial paralysis
It is important to point out that physicians are obligated to provide their patients with a certain standard of care at all times. This is basically how other physicians, should they be in the same situation, would provide medical treatment. Should they fail in providing you with this standard of care, leading to you or your child suffering injuries, they can and must be held accountable for their actions via a medical malpractice lawsuit. Birth injuries unfortunately happen way too often, and doctors may try to play the blame game or hide behind hospital policy, and this is perhaps why it is vital to retain the services of a medical malpractice birth injury lawyer.
Birth Injury Consequences
Birth injury usually leads to birth defects that unfortunately follow the child for the rest of their lives. They may miss key developmental milestones, and they may need assistance when it comes to performing simple tasks such as changing clothes, using the restroom, and even eating. In addition, they may need professional help in the form of speech and physical therapists, a caregiver, as well as having your home fitted with lifts and ramps so they can get around in a convenient manner. All this means money, and it is estimated that it takes over $1 million to take care of a child with birth injury, an amount that is well above the reach of the average American.
Compensation for Birth Injury Lawsuit – What’s The Process?
When it comes to seeking compensation in the form of a birth injury lawsuit, our attorneys will begin with filing your claim in your county, which typically means filling in certain forms that explain the crux of the injuries and what you are seeking as compensation. In some states, you’ll also be required to submit an affidavit of merit, which is just a fancy way of asking you to get medical or expert opinion that can attest that the birth injury claim is valid and that your loved one did indeed suffer the injuries you state they sustained. This individual is usually an expert who can attest that your medical records are in line with the injuries sustained, and that the standard of care was breached by the physician or defendant(s), thereby leading to your injuries.
After your claim has been filed, you and your attorney will wait for a response from the other party, which typically happens within 30 days. Should they accept the claim, you may engage them with us, your birth injury attorneys, in negotiations regarding your settlement. Alternatively, should they deny the claim, the doors are wide open for you to take them to court in order to litigate the claim to the fullest extent of the law.
Birth Injury Lawsuit – Negotiate or Litigate?
It is important to state here that most medical malpractice claims involving birth injury do not go to court, and that the two parties settle out of court. Litigation is usually very costly and can take a long time to reach a successful conclusion, which is why it is vital that you choose a competent birth injury attorney who will know how to tread the difficult waters of negotiation.
Experienced Nationwide Birth Injury Attorneys – Call Us Today!
Birth injury lawsuits typically take anywhere from three to six months to recover a settlement. That said, should you decide to go to trial, you may take a year or longer to resolve the case. We can’t stress enough the importance of an experienced birth injury law firm when it comes to resolving your claim. If you’d like help with your birth injury claim and FREE LEGAL ADVICE, simply give us a call today at (773) 825-3547 and speak with us to know the next steps to take. Thanks, and we look forward to helping you and your family.