If you have a new baby, congratulations! You’re in for a crazy ride filled with lots of love, laughter, and some sleepless nights. The little fingers and toenails, the cooing and gurgling, the sweet smell of a baby’s head – it’s all so amazing.
But with that new baby also comes new risks. Unfortunately, newborns are also prone to injury. According to studies, one in eight babies born in the United States will suffer a birth injury every year.
While most injuries sustained during childbirth are minor and heal quickly on their own, some can be more serious. It’s critical to know what measures to take following a birth injury to speed up and guarantee a complete recuperation. It is also critical to navigate the legal system to get the compensation you and your child deserve.
What is a Birth injury?
Any damage sustained by a newborn during birth is considered a birth injury. It can include everything from cuts and bruises suffered during a vaginal delivery to more severe injuries, like nerve damage or broken bones, that may occur during a forceps or vacuum-assisted delivery.
It is a no-win situation for parents when their child is hurt during the birthing process. No amount of cash can fully compensate for the agony and suffering your child has gone through. However, filing a birth injury lawsuit can help ensure that you and your child receive the financial support you need to get through this difficult time.
Common Birth Injuries
A baby can suffer several birth injuries, but some are more common than others. The most frequent injuries include the following:
A subperiosteal hemorrhage or bleeding beneath the bone can occur during delivery. Cephalohematomas are most commonly seen on the skull but can also occur on other bones.
- Fractured Bones
These are some of the more common injuries seen in newborns. The most common fractures are clavicle fractures, which occur when the baby’s shoulder gets caught on the mother’s pubic bone during delivery.
- Brachial Plexus Injuries
It is a network of nerves that extends from the spinal cord to the shoulder, arm and. The nerves that run from your scalp to your elbow can be stretched or torn during birth, causing weakness, paralysis, or loss of feeling in the arm.
- Brain Injuries
These are rare but serious injuries during birth. They can include bleeding on the brain, skull fractures, or damage to the brain stem. Brain injuries may result in cerebral palsy, mental retardation, or seizures.
What Steps Can You Take If Your Child Has Suffered a Birth Injury?
Suffering a birth injury is one of the most traumatic things that can happen to a family. If your kid was injured during childbirth, there are a few things you might do to ensure that they receive the greatest level of care and that you are fairly compensated for any losses.
· Seek Medical Help
First and foremost, visit a physician. Your child will likely need immediate treatment for the injury. If you are not comfortable with your child’s current medical team, you can ask for a transfer to another facility. It will also help to learn as much as possible about your child’s condition so that you can be an advocate for their care. With adequate help, you will ensure that your child gets the best possible treatment and has the best chance for a full recovery.
· Contact an Attorney
Next, you should contact an attorney. Birth injuries can be complex, and it is vital to have someone on your side who understands the legal process and can help you get the compensation you deserve. Some injuries may require a lawsuit to be filed to get the necessary resources for your child’s care. It is essential to ensure you have enough evidence to support your case.
What is a Birth Injury Lawsuit?
A birth injury lawsuit is a civil action filed against the person or persons responsible for the injuries sustained by a child during labor and delivery. The case may seek monetary damages to cover the cost of medical care, rehabilitation, and other expenses related to the injury.
The process of filing a birth injury lawsuit can be complicated, so it is crucial to have an experienced attorney on your side. Your lawyer will walk you through each stage of the process and help you get the resources you need for your child’s recovery.
Types of Birth Injury Lawsuits
Medical malpractice claims and wrongful death claims are the most typical injury accident lawsuits.
If a newborn has serious wounds that significantly impact their quality of life, lawyers bring a medical malpractice lawsuit against the doctors who caused it. Some birth injuries might result in the infant’s death. If this is the case, wrongful death claims will be filed by attorneys.
· Medical Malpractice Birth Injury Lawsuit
When a physician or nurse makes an incorrect decision against professional norms and causes damage to the mother and/or child, it is known as medical malpractice.
Maternity and newborn doctors and nurses are educated in delivering high-quality care for expectant mothers and infants. Medical practitioners must be knowledgeable about the potential risks of medical negligence, yet some still make poor judgments with long-term ramifications.
· Wrongful Death Birth Injury Lawsuits
Many maternal deaths might have been avoided if physicians had not demonstrated negligence in their treatment. If a doctor’s error leads to the death of your baby, you may pursue a wrongful death birth injury claim.
This lawsuit will help you and your family recover compensation for the death of your child, as well as funeral and burial expenses.
When Should I File a Lawsuit?
It’s a difficult call to make because it depends on the particulars of your situation. Generally speaking, you should file a lawsuit as soon as possible after the birth injury occurs. However, there are instances where waiting may be in your best interest. It is essential to speak with an attorney about your specific case to better understand when and how to file a lawsuit.
Why Should I File a Lawsuit?
There are several reasons why you may want to consider filing a lawsuit:
- Cover the Costs
Birth injuries can be expensive to treat and require lifelong care. A lawsuit can help you recover the costs of your child’s medical care.
- Hold the Hospital Accountable
Birth injuries often occur due to negligence on hospital staff. Filing a lawsuit can hold the hospital accountable for its actions and help ensure that this doesn’t happen to another family.
- Get Justice for Your Child
Your child has already suffered enough due to their birth injury. Filing a lawsuit can help give you some closure and allow your child to feel like they are doing something to fight for their rights.
- Help Other Families
By sharing your story, you can help other families who have been through similar situations. Your case can raise awareness about the issue and help prevent other families from going through the same thing.
Childbirth is a beautiful experience but can also be a dangerous one. If your child suffers from a birth injury, it is vital to take action and hold the hospital accountable. It is also critical to remain calm and positive for your child. Your little one can recover and thrive with proper treatment, love, and care.