A birth injury is, as the name implies, an injury sustained during the birthing process. Birth injury law is a subtype of medical malpractice law. Medical malpractice alleges that a physician or member of a medical team did not act as a reasonable person and subsequently violated their duty of care. Birth injury lawsuits allege that this negligence has lead to permanent damage to infants and seek legal recourse to cover costs of medical treatment as well as pain and suffering.
There are a number of injuries that are classified as birth injuries. These include:
While some of these injuries are routine and will heal quickly, severe injuries can occur when the delivering practitioner is negligent or commits malpractice.
The statute of limitations is a legal barrier that controls when a lawsuit can be filed. When it comes to the statute of limitations for birth injuries, the timer begins as soon as the birth injury is detected. How long you have to file a birth injury lawsuit depends on what state you were injured in. On average you will have two years to file a birth injury lawsuit but some states will have limits as low as one year or as extensive as five years.
Birth injuries occur as a result of a complication during labor and delivery. The majority of these injuries result from improper medical technique or use of equipment. It is estimated that five out of every 1,000 babies born in the United States are injured at birth.
On the other hand, birth defects are irregularities that develop prior to labor and delivery, usually within the first three months of pregnancy. Various factors can cause birth defects, including genetics, prescription or illegal drug use, and untreated conditions and infections. About 3% of all babies born in the United States have some sort of birth defect or irregularity.
No, birth injuries may not always result in a successful lawsuit. This is because in some cases, birth injuries or defects are unavoidable and would have occurred regardless of a doctor's care. However, a medical malpractice lawsuit may be justified if the doctor could have prevented or treated the injury, but instead provided insufficient or negligent care.
A newborn should be monitored for any apparent birth injuries or defects immediately after birth. Some signs of birth injury after delivery include blue or purple skin, lack of appetite, or especially rapid or slow breathing. If you notice any of these signs on your baby, seek medical attention as soon as possible.
It is also possible for birth injuries to present themselves months or even years later in a child's life. Birth injuries may cause motor impairments, vision or hearing problems, speech impediments or seizures in children later in life. If your child misses key developmental milestones during his or her early years, consult your pediatrician.
If you or a loved one’s baby has experienced harm due to a doctor’s negligence or inadequate medical care during childbirth, the first thing you should do is hire a malpractice attorney. Your attorney will establish the fundamental facts of your case and advise you on how to proceed with a medical malpractice lawsuit.
In order to avoid an expensive and lengthy lawsuit, your attorney may work with the doctor who delivered the baby to reach a settlement. Your case will be taken to court if the parties are unable to decide on a solution through mediation.
There are a few different types of compensation that you may be entitled to following a medical malpractice lawsuit for a birth injury. Settlements usually provide compensation for two main factors: economic damages for medical care and non-economic damages relating to the child and family’s quality of life. Compensation for economic damages may cover medical, caretaking or medication expenses. Non-economic damages may refer to the pain and suffering of the child, damage of family relationships and lack of enjoyment in life due to the birth injury.