Things You Should Know When Filing Birth Injury Lawsuits? Did you know? More than 3 million children are born in the United States every year. Of those children, around 120,000 experience some birth injury. Birth injuries can range from mild to severe. They can occur during the prenatal stage, labor, and delivery or in the weeks and months following birth.
However, many parents are not aware of their legal options if their child suffers a birth trauma. If your child has suffered an injury, you may consider filing a lawsuit. If so, here are some things you should know.
What are the different types of birth injuries?
There are many different types of birth injuries, and they can vary in severity. Some of the most common injuries include:
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cerebral palsy
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erb’s palsy
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hemorrhages
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brachial palsy
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brain damage
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spinal cord injuries
What causes birth injuries?
There are many different causes of birth injuries, and some are more common than others. Some of the most common causes of birth injuries include:
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complications during labor
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fetal distress
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maternal health problems
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improper use of medical instruments
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failure to diagnose and treat birth complications on time
What are the legal options?
Generally, there are three types of legal claims you can file in a birth injury case:
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medical malpractice
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product liability
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tortious interference
What is medical malpractice?
Medical malpractice is the most common legal claim in such cases. This type of claim alleges the doctor or other medical professional involved in the child’s birth failed to meet healthcare standards and caused the child’s injuries.
For instance, you can file an erbs palsy lawsuit if the doctor pulled your baby’s arm too hard during delivery and caused a brachial plexus injury. Also, you have the right to file a lawsuit if the doctor did not diagnose or treat a complication that resulted in cerebral palsy.
It is important to seek legal advice as soon as possible after your child has suffered an injury. There are time limits for filing a lawsuit, and if you miss the deadline, you may lose your right to file a claim.
There is no “standard” settlement in a birth injury case. Every case is unique, and the amount of money you may receive depends on various factors, including the severity of your child’s injuries.
You may be able to file a lawsuit against more than one party. For example, suppose your child’s birth injury makes both the doctor and the hospital responsible. In that case, you may be able to file a lawsuit against both parties.
It is important to have a qualified lawyer represent you in such claims. A good lawyer will know the ins and outs of the legal system and will be able to help you get the best possible outcome for your case.
Filing a birth injury lawsuit can be a complex process, and it is important to know what you are doing. If you consider filing a case, please get in touch with a qualified lawyer for advice.
What is product liability?
Product liability is a legal claim filed in a birth injury case. This type of claim alleges that the product (in this case, the baby’s birth) caused the child’s injuries. For example, suppose a medical instrument was used improperly during your child’s birth and caused injuries. In that case, you may be able to file a product liability claim. Moreover, suppose the hospital’s negligence resulted in your child’s birth injury. In that case, you may also be able to file a product liability claim.
What is tortious interference?
Tortious interference is a legal claim filed in a birth injury case, which alleges someone interfered with your child’s birth, which caused the child’s injuries. For example, suppose a nurse was not paying attention and failed to notice a problem during labor. In that case, you may be able to file a tortious interference claim.
What are the types of compensation to expect?
There are many different types of compensation you may be able to receive in a birth injury lawsuit. Some common settlements include:
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medical expenses
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pain and suffering
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lost wages
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wrongful death benefits
It is important to speak with a qualified lawyer to learn more about the types of compensation that may be available to you. Every case is unique, and the amount of money you may receive depends on various factors.
What are the time limits for filing a birth injury lawsuit?
There are time limits for filing a lawsuit in a birth injury case. If you miss the deadline, you may lose your right to file a claim. It is important to seek legal advice as soon as possible after your child has suffered a birth injury. In addition, you should be aware that the time limits for filing a lawsuit vary from state to state.
How can I find a competent lawyer for a birth injury lawsuit?
A good place to start is by contacting the American Association for Justice. This group helps people find qualified lawyers for their cases. You can also ask friends and family members for referrals or search online for lawyers in your area. Lastly, be sure to interview several lawyers before making a decision.
Conclusion
It can be difficult to file a birth injury lawsuit on your own. Nobody would want to experience the pain associated with a birth injury. It is important to have a lawyer who can help you through the legal process and get you the best outcome possible. Remember, the time limits for filing a lawsuit vary from state to state. Hence, it is important to seek legal advice as soon as possible.
