Birth injuries are more common than many people realize, occurring in about 2 to 3 births per 1,000 in the United States. When a baby experiences a birth injury, it can have devastating and life-long effects on the child and family. Families in this situation may consider filing a birth injury claim to get the compensation and justice they deserve. However, these cases can be complex and emotionally challenging. That’s why parents need to understand what a birth injury claim entails from start to finish.
This article will provide an in-depth look at birth injury claims – from what constitutes an injury, determining if negligence occurred, steps to file a claim, to the legal process and potential compensation. With this knowledge, families can make informed decisions when navigating the aftermath of a birth injury.
What Constitutes a Birth Injury?
A birth injury pertains to any harm a baby experiences during the labor and delivery process due to medical negligence or errors. These injuries can range from mild to severe, sometimes leading to lifelong disabilities that impact mobility, cognition, communication, vision, hearing, and other vital functions. Common birth injuries include cerebral palsy, brachial plexus injuries, infant brain damage, spinal cord injuries, and fractures.
The root cause of many birth injuries is the failure of medical professionals to uphold appropriate standards of care. When their negligence is the direct culprit, it’s classified as a birth injury. Recognizing and addressing a potential birth injury promptly is of utmost importance. Early evaluation and diagnosis by medical specialists are crucial, as is initiating early intervention services. Beginning these services, such as speech, occupational, and physical therapy, even before the child turns one can significantly enhance their long-term outcomes.
For families seeking guidance and support, there are comprehensive resources available. For instance, www.cerebralpalsyguide.com offers a wealth of educational information on cerebral palsy. Beyond this, the site serves as a hub for community support, which can be a lifeline for families navigating these challenges.
Common Causes of Birth Injuries
There are several potential causes of birth injuries, including:
- Medical negligence such as improper use of birth-assisting tools like forceps or vacuum, failure to perform C-sections when needed, failure to properly monitor baby’s vitals, etc. This is the most common cause of severe birth injuries.
- Labor and delivery complications like umbilical cord issues, placental abruption, uterine rupture, etc. While not necessarily caused by errors, these complications can still lead to injury.
- Certain maternal health factors like gestational diabetes, preeclampsia, prolonged labor, etc.
- Baby’s health issues include abnormal positioning, seizures, respiratory problems, low birth weight, etc.
- Hereditary conditions of the mother or baby make birth injuries more likely.
Identifying the cause of a birth injury is crucial for determining if negligence played a role. A thorough investigation and review of medical records are required.
Steps to Initiating a Birth Injury Claim
If parents suspect their child suffered a birth injury, they should take prompt action. The first step would be thoroughly reviewing all prenatal and birthing medical records for any potential red flags. These may include signs of fetal distress during labor, use of interventions like forceps or vacuum extraction, abnormalities noted on scans or tests, and other issues. Consulting medical experts can also help identify the specific injury sustained, its likely causes, and whether it could have been prevented with proper care. The experts’ findings can serve as crucial evidence.
Parents should also carefully document all interactions, conversations, and correspondence with healthcare providers regarding the injury through records, emails, notes, etc. Most importantly, it is vital to speak to an experienced birth injury lawyer as soon as realistically possible. The lawyer can help parents understand their legal rights and options. Time is of the essence in these cases. The lawyer will then launch an in-depth investigation by collecting all pertinent evidence, consulting medical experts, establishing negligence, identifying liable parties, and calculating damages. If substantial evidence confirms the birth injury occurred due to clear medical negligence, the lawyer can officially initiate the claims process or file a lawsuit as necessary.
Evidence Collection in Birth Injury Claims
The strength of any potential birth injury claim relies heavily on solid evidence that proves negligence occurred. Some of the most important types of evidence to collect include:
- Medical records related to prenatal care, the labor and delivery itself, and any postnatal pediatric care. These may include prenatal test results, fetal monitor strips, delivery notes and logs, pediatrician or NICU records, and more.
- Lab results, diagnostic test reports, and imaging scans like ultrasounds, MRIs, CT scans, and X-rays.
- Detailed statements from all medical staff involved in the mother’s care during labor and delivery, as well as the baby’s post-delivery care.
- Expert opinions from specialists like obstetricians, pediatric neurologists, and others with experience in birth injuries. Their analysis of the medical records can provide a crucial perspective.
- Documentation of ongoing medical expenses, treatments, therapies, interventions, and care the child has needed.
- Records detailing the child’s impairments, disabilities, and their impact on overall health and quality of life.
- Videos, photos, care journals, and other means of documenting the child’s challenges and need for long-term care.
- Statements from the parents regarding the emotional impact, financial strain, and exhaustive care demands.
Determining Liability in Birth Injuries
When building a birth injury claim, accountability for the injury may potentially fall upon different parties depending on the specific circumstances of the case. Some possible defendants include:
- The hospital or birthing facility where the delivery took place.
- Individual healthcare providers like obstetricians, nurses, pediatricians, or other staff are present during the labor, delivery, and immediate aftermath.
- A physician group, healthcare system, or other entity that employed the providers responsible for negligence or errors.
- Pharmaceutical companies or device manufacturers if the injury was caused by newly marketed defective drugs, tools, or equipment used during the delivery.
- Insurance companies may also share some liability if they deny reasonable treatments or coverage that could have prevented the injury.
The birth injury lawyer handling the case will conduct a detailed investigation using all available evidence to conclusively identify the party or parties whose clear negligence, errors, or omissions directly resulted in the injury. This establishes legal liability.
Potential Compensation in Birth Injury Claims
When pursuing a birth injury claim, families might be entitled to various forms of compensation. This can cover medical expenses, both past and future, for treatments, surgeries, and therapies. Additionally, compensation may account for emotional distress, pain and suffering, and, in severe cases, lifelong care costs. Each case is unique, so working closely with your attorney can give clarity on what compensation you can expect.
Conclusion
The complexities surrounding birth injury claims can be daunting for families already facing hardship, but the right legal guidance can help navigate this difficult process. The above information helps families understand their options if their child is affected by a preventable birth injury. While no compensation can erase the damage, justice and financial support can improve the quality of life and care for the injured child. Every child deserves a fair chance at health and happiness.