Reasons to Contact a Birth Injury Lawyer
February 14, 2017
Birth injuries can be caused by careless mistakes and medical negligence by a member of your healthcare team. If a birth injury occurs, you have legal rights. An experienced birth injury lawyer like Valent Legal can help you know your rights and will work to help you prove medical negligence.
What Are the Most Common Types of Birth Injuries?
- Anoxia- a total lack of oxygen to the infant during birth
- Bone Fractures- fractures that are caused during delivery
- Caput Succedaneum- swelling of the newborn’s scalp caused by prolonged pressure during delivery
- Cephalohematoma- bleeding between the skull and the membrane that covers the skull
- Erb’s Palsy- arm paralysis caused by injury to the C5-C6 nerve bundle
- Facial Paralysis- Caused by injury to the facial nerves or brain by a birth trauma
- Fetal Lacerations- birth injuries that occur during a C-section
- Hypoxia- lack of oxygen during birth
- Infant Brain Damage- caused by physical trauma during labor and delivery or oxygen deprivation
- Perinatal Asphyxia- inadequate oxygen levels before, during or after birth
- Persistent Pulmonary Hypertension of the Newborn (PPHN)- failure of the circulatory system to transition properly following birth
- Shoulder Dystocia- after the head is delivered, the shoulder gets stuck behind the pubic bone
- Spinal Cord Injuries- caused by either blunt force trauma or medical errors
- Wrongful Death- a birth injury or medical mistake that causes the newborn to die
A birth injury lawsuit is considered a personal injury lawsuit. Because of this, it is necessary to gather all medical records concerning the pregnancy, labor and delivery. A birth injury lawyer will contact all medical personnel to get copies of your medical records. Certain key witnesses, including doctors, nurses, CNAs and birth coaches may be questioned to help determine if medical malpractice was the cause of the birth injury.
What to Look for in a Birth Injury Attorney?
Although birth injuries are considered a personal injury claim, there are lawyers who specialize in birth injuries. Unlike other personal injury claims, birth injuries require an attorney with experience in handling these cases. So, the first question you should ask is how many birth injury cases have they handled and how many of those cases did they win.
You will also want to know the approximate compensation amount you should expect from the lawsuit.This amount will depend on the severity of the injury and how well medical malpractice can be proven. The evidence and document gathered, along with key witnesses and experts can help prove medical malpractice.
Oftentimes, you will be offered a settlement before the case ever reaches litigation. Your Valent Legal attorneys can help you determine if the settlement offer is fair. If not, you will proceed to civil court where your trial will be heard.
Birth injuries can be overwhelming to a new parent. If your newborn suffered an injury or fatality due to medical malpractice or negligence, let the birth injury lawyers at Valen Legal get you the settlement you deserve.