If you’ve ever been involved in a car accident, you might have heard of the term “birth injury lawsuit.” It refers to the idea that some people are born with physical or mental disabilities that they could not have experienced in any other circumstance except for birth.
The goal of a birth injury lawsuit is to seek compensation from someone who was responsible for causing the injuries by negligent acts or omissions. That said, it’s important not to confuse a birth injury lawsuit with personal injury lawsuits like those stemming from car accidents. Every type of personal injury lawsuit is filed against a person or entity who caused the damage in some way. A birth injury lawsuit is different because it seeks damages from the people who were responsible for bringing that person into this world. A birth injury lawsuit is typically brought by a parent or family member against the doctor and other healthcare professionals involved in an infant’s birth or sometimes against the hospital itself.
Which Birth Injuries Are Common?
Brain damage or lack of oxygen due to a breach birth, forceps or suction methods, vacuum extraction, maternal drug abuse like cocaine use during the pregnancy, etc. Neck and spinal cord damage as a result of difficult labor or difficult delivery. Someone who is injured in an auto accident may also suffer spinal cord injuries when these injuries are due to negligence by the medical team that is supposed to assist with a birth injury lawsuit.
Injuries caused by the use of forceps and vacuum extraction are not necessarily the most common types of birth injuries. That said, these are technically extractions, which are used as an alternative to a c-section when a baby’s head is stuck in its mother’s pelvis. However, it is usually possible to use forceps or a vacuum without causing birth injuries. In many cases, though, doctors fail to recognize that the baby has rotated during labor and, as a result, apply excessive force when using these devices.
What Makes a Birth Injury Claim?
Birth injury lawsuits do not usually involve a lawsuit against the hospital where the baby was born. Instead, those injured by the birth injury will typically file a lawsuit against the other party responsible for causing their injuries. In most cases, these are doctors and midwives who use dangerous or improper techniques during labor and delivery. Sometimes these doctors can be sued for malpractice or medical negligence. Under certain circumstances, they may also be held liable when they fail to act quickly enough in response to weaknesses discovered during testing of an infant’s neurological development after birth.
If you feel that a birth injury lawsuit is appropriate, it certainly is. Birth injuries are very serious, and in some cases, the consequences of these injuries can be life-long. Whether you have been involved in an automobile accident or if you’ve lost a loved one to a birth injury, this type of personal injury lawsuit provides victims with the ability to seek compensation for their losses.
What Follows the Filing of the Birth Injury Lawsuit?
Once you’ve come to the decision that a birth injury lawsuit is appropriate, it is important to understand how a lawsuit works. First and foremost, this will require providing evidence of negligent actions on the part of the party you’ve named as a defendant. Sometimes these cases also need medical documentation that can prove that your injuries are related to birth trauma. In many cases, victims must also attempt to convince a judge or jury that a birth injury lawsuit is appropriate.
It’s not as difficult to argue in favor of a birth injury lawsuit as some might believe. Birth injuries are life-altering and often result in other major injuries that are covered by a personal injury lawsuit. That said, the evidence to be presented will vary greatly depending on the type of birth injury a victim suffers. In most cases, it is simply necessary to show that the defendant’s actions contributed to your injuries. This can also include showing that your injuries were not reasonably predictable or preventable by the defendant in question due to his or her negligence.
A Neonatal Injury: What Is It?
Neonatal injuries are injuries that a newborn baby sustains due to medical negligence during childbirth. These types of birth injuries, more commonly known as birth trauma, can be caused by a variety of circumstances, such as the use of forceps or a vacuum extractor. Even improper handling by a doctor, doctor’s assistant, or nurse can cause significant neonatal injuries. It is estimated that about two-thirds of all infant deaths that occur in hospitals are due to medical negligence.
Neonatal injuries also include birth defects that occur immediately after birth. These types of birth injuries commonly occur during or after delivery. In some cases, neonatal injuries are caused by medical negligence, and in other cases, they are caused by errors made by the parents during pregnancy or childbirth.
Medical negligence can be very serious. If you have received a birth injury due to another party’s negligence, you should make sure to take legal action as soon as possible. Speak with an attorney to learn more about your rights and when it is appropriate to file a birth injury lawsuit.