Learn More About Medical Malpractice and Birth Injuries
When an infant suffers a birth injury, their parents may be able to file
a medical malpractice lawsuit for any damages incurred. As a result, it
is important that parents of injured infants educate themselves about
birth injuries and their potential legal options.
Parents of injured infants frequently ask the following:
What Qualifies as a Birth Injury?
Individuals often confuse birth injuries with birth defects. Birth injuries
are often the result of something that went wrong during or shortly after
birth. A birth defect, however, is caused in advance of the birth.
The following may be the result of birth injuries:
When Does a Birth Injury Present Grounds For a Lawsuit?
A birth injury in and of itself is not grounds for a lawsuit. Birth injuries
can occur when the doctor takes all of the right precautions. To have
a valid lawsuit, the parents of the injured child must be able to prove
that the medical professionals present during delivery acted negligently.
The medical professionals' negligence must have been directly responsible
for the child's injury.
How do You Know if Negligence Caused Your Child's Injury?
A birth injury is not in and of itself proof of a doctor's negligence.
Unfortunately, the delivering doctor and medical staff will rarely admit
to any fault for a child's injury. Parents who wish to determine whether
medical malpractice may have played a role in their infant's injury
should schedule an examination with a third-party doctor.
Are Birth Injury Lawsuits Generally Successful?
There is no definitive "rate of success" for medical malpractice
lawsuits involving birth injuries. Whether a lawsuit is successful depends
on a number of factors, including when the lawsuit was filed, the severity
of the injury, the actions taken by the doctor and nurses, and when the
Do You Need a Lawyer to Receive Compensation?
Medical malpractice is an extremely complex area of personal injury law. Each year, it becomes
more challenging to try these cases. As a result, it is important for
parents of injured infants to secure the counsel of a lawyer. Parents
should hire an attorney with experience litigating medical malpractice cases.
How Much Money is Your Case Worth?
The value of birth injury lawsuit can vary from case to case. Compensation
for a birth injury can range from several thousand dollars to well over
$1 million. The cost of medical bills, effect on future earning potential,
and extent of pain and suffering caused by the injury are some of the
factors that go into determining how much a medical malpractice lawsuit
may be worth.
If your child was suffered an injury before, during, or shortly after birth,
you may have grounds for a lawsuit. For a free consultation, call 212-406-1700
or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review
your case to see how we may be able to help you.