Frequently Asked Questions
What are birth injuries?
Birth injuries refer to any harm that occurs to an infant during the childbirth process. These injuries can range from mild to severe and may have lifelong consequences.
What are the common types of birth injuries?
Common types of birth injuries include cerebral palsy, brachial plexus injuries (such as Erb’s palsy), hypoxic-ischemic encephalopathy (HIE), fractures, and more.
What causes birth injuries?
Birth injuries can result from various factors, including medical negligence, improper use of medical instruments, failure to monitor the fetal heart rate, delayed cesarean sections, and complications during delivery.
How common are birth injuries?
The incidence of birth injuries varies, but there are around 30,000 birth injuries a year in the US. Although relatively rare, even one birth injury is one too many, considering the potential lifelong impact on the child and family.
Can birth injuries be prevented?
In many cases, birth injuries are preventable with proper prenatal care, monitoring during labor, and timely interventions. However, some injuries may occur despite appropriate medical care.
What are the signs and symptoms of a birth injury?
Signs and symptoms of a birth injury may include difficulty breathing, seizures, limited mobility, weakness in the arms or legs, and developmental delays.
How are birth injuries diagnosed?
Birth injuries are typically diagnosed through physical examination, medical imaging (such as MRI or CT scans), and assessment of developmental milestones.
What is the difference between a birth injury and a birth defect?
A birth injury is harm that occurs during childbirth, whereas a birth defect is a structural or functional abnormality present at birth, often due to genetic or environmental factors.
Can birth injuries lead to long-term disabilities?
Yes, depending on the severity and type of injury, birth injuries can result in long-term disabilities such as cerebral palsy, developmental delays, and physical impairments.
What legal options are available for families affected by birth injuries?
Families affected by birth injuries may have legal options to pursue compensation through medical malpractice claims against healthcare providers or hospitals responsible for the injury. The is where a Law Leaders member birth injury lawyer can help.
What is medical malpractice in the context of birth injuries?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to the patient. In birth injury cases, medical malpractice may involve errors or negligence during prenatal care, labor, or delivery.
How do I know if I have a valid birth injury case?
Determining the validity of a birth injury case requires a thorough evaluation of the circumstances surrounding the injury by a qualified Law Leaders member birth injury attorney specializing in birth injury cases.
What damages can be recovered in a birth injury lawsuit?
Damages that may be recovered in a birth injury lawsuit can include medical expenses, future medical care costs, lost wages, pain and suffering, and other related expenses.
How long do I have to file a birth injury lawsuit?
The statute of limitations for filing a birth injury lawsuit varies by state, but it typically ranges from one to three years from the date of the injury or discovery of the injury.
Do I need a birth injury lawyer to pursue legal action?
While it’s possible to pursue legal action without a lawyer, birth injury cases are highly complex and require specialized expertise. Hiring a knowledgeable Law Leaders member birth injury lawyer can significantly increase your chances of success.
How much does it cost to hire a birth injury lawyer?
Most birth injury lawyers work on a contingency fee basis, meaning they only get paid if they secure compensation for you. The fee is typically a percentage of the recovery amount.
What role do medical experts play in birth injury cases?
Medical experts play a crucial role in birth injury cases by providing expert opinions and testimony regarding the standard of care, causation, and the extent of the injury.
Can birth injury cases be settled out of court?
Yes, many birth injury cases are settled out of court through negotiation between the parties involved and the insurance companies. However, if a fair settlement cannot be reached, the case may proceed to trial.
How long does it take to resolve a birth injury case?
The timeline for resolving a birth injury case varies depending on factors such as the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases may be resolved within months, while others may take several years.
What support services are available for families affected by birth injuries?
Families affected by birth injuries may have access to support services such as early intervention programs, physical therapy, occupational therapy, support groups, and advocacy organizations specializing in birth injuries.