About Birth Injury Lawsuits - Frequently Asked Questions (FAQs)

Birth injuries are horrible accidents that should never occur but unfortunately do. The babies who suffer the consequences of these injuries often receive them as a result of difficult deliveries. Typically, injuries are due to the unexpected size of the baby, premature labor, or a shift in position of the baby prior to delivery. Below are some of the most frequently asked questions about birth injury lawsuits.

Why do they occur?

While some of these cases are simply a cruel form of nature, some can be accounted for by medical malpractice. In the latter case, there is legal protection for the baby and his or her family, so that retribution can be sought for medical bills, ongoing care, and pain and suffering, as well as other such considerations.

What are some of the most common types of birth injury?

Birth injuries come in many forms including shoulder dystocia, cerebral palsy, Erb’s palsy, facial paralysis, fractures, internal bleeding, and more. Shoulder dystocia occurs when the baby’s shoulders are lodged in the birth canal and cause excessive strain on the nerves between the neck and shoulders. Cerebral palsy is caused by problems with brain development and can lead to many issues with growth and development later in life. The illness is incurable. Erb’s palsy, which is arm paralysis and can be caused by a difficult birth, can be corrected through physical therapy or surgery.

Was the medical staff or doctor responsible?

It can be difficult to prove that the medical staff was responsible for the injury to your baby, simply because life works in mysterious ways at times and birth complications can arise naturally. However, having an attorney working for you will help with this process, and one who is experienced will be able to give an informed opinion of whether the medical staff was truly to blame based on the evidence. The doctor or attending medical professionals would have had to have failed to provide the necessary care to the baby. It would have to be proven that their negligence led to the injury and that it could have been prevented. The hospital would be to blame if underequipped with knowledgeable, well-rested, and efficiently trained staff prepared to handle emergency situations in the delivery room.

Why should an attorney be hired?

If it is thought that the birth injury occurred due to negligence, then an experienced attorney can provide advice, assistance with filing procedures, negotiation tactics, and will understand the relevant legal jargon that will undoubtedly litter the case as it moves forward. Remember, hospitals are prepared to handle liability cases and are often equipped with large insurance carriers and their own attorneys ready to battle for them. You will not want to contend with these forces by yourself.

What are the steps of the lawsuit process?

That attorney will act on behalf of the family to file a lawsuit against the negligent medical staff. Research will then be done by both sides, including possible tests, physicals, and scans, while medical records are reviewed and interviews are held. Most lawsuits will end in settlement before the case makes it to trial. A small percentage goes before a judge or jury, where expert witnesses battle to determine the credibility of the actions taken by the medical staff on the day of the injury. Ultimately, if it is decided that wrong decisions led to lasting damages, then monetary damages will be awarded to the victim and his or her parents or guardians.