Birth Injuries FAQ
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:
- Brain damage
- Hypoxic-anoxic encephalopathy
- Intraventricular hemorrhage
- Cerebral palsy
- Erb's palsy
- Brachial plexus injury
- Shoulder dystocia
- Broken clavicle
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 injury occurred.
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.