Birth Injuries and Malpractices
Birth injuries are physical injuries sustained during childbirth to either mother or the child due to the doctor or nurse’s negligence. The injury sustained by the baby can include a broken bone or a bruise. Injury to the baby during childbirth is called neonatal birth trauma.
In the US, 1-3 children out of 1,000 births result in childbirth injuries. The head and neck have higher chances of injury during childbirth. Cerebral palsy occurs in 1.5-4 children out of 1,000 births resulting in permanent hearing loss.
Nearly 40% of families experience a financial burden for paying for the treatment of birth injuries. The parents usually sue the doctor or nurse responsible for sustaining the birth injury. This lawsuit is often against the hospital administration, although 95% of such lawsuits end in a financial settlement outside the court.
Another reason for brain injury during childbirth is oxygen deprivation to the brain. The University of Oxford found that 2 out of 1,000 children sustain brain injury during childbirth due to oxygen deprivation.
- Preterm birth (children born before the 37th week of pregnancy) also leads to a birth injury.
- About 9% of all births in the US are preterm.
- There were 472 birth injury claims from 2013-to 2017.
- About 80% percent of these cases posed high clinical severity.
- In 24% out of 472 cases, either the child or the mother died, or both.
Questions to Ask Your Attorney
You can reach out to the birth injury justice center in your area or contact your attorney. If you plan to file a lawsuit against either the hospital or the doctor, here are some questions to ask your attorney:
Is my child’s injury operable?
The only way to know for sure is to contact your attorney. If you feel that your child’s injury is preventable with a possible treatment, it will incur costs. An attorney specializing in birth injuries can guide you accordingly.
Doctors have a sworn oath to uphold their care service in the highest regard. Your attorney will know which healthcare professionals to contact. It helps your case and gets you the financial compensation you deserve.
Your attorney will also help you determine if the doctor or nurse’s negligence caused the injury. They will also help you analyze your chances of winning the case. If you have a strong case eligible to file a lawsuit, your attorney will provide you with the details.
Normally, there are three types of birth injuries: brain injury, shoulder joint injury, or stillbirth.
What is the cost of filing a birth injury lawsuit?
The birth injury lawsuit works differently than other lawsuits. Hiring a top birth injury lawyer should come at zero cost to you. That’s because birth injury attorneys have a contingency fee plan, as your win will determine your lawyer’s fees. They secure a certain sum from the financial settlement as their fee.
If the defendant offers you a settlement amount, you need to draw up a life care plan. You and your attorney should determine the amount required. The cost of a birth injury lawsuit can vary for different States:
- $10.4M for the Pennsylvanian family.
- $9M for the Alaskan family.
- $8M for New York family.
- $7.8M for a Florida family.
- $4.25M for a Californian family.
- $950,000 for a family from New Jersey.
How long does it take to file a birth injury lawsuit?
The period of the lawsuit can vary from case to case. If your case reaches a financial settlement, it will end earlier. If the case goes to trial, it might take longer. Your lawyer is better equipped to guide you regarding the timeline of your case.
The best birth injury lawyers will let you focus on caring for your child. Likewise, they will take all the stress and schedule meetings with you. They will keep updating you with your case progress. They will give you legal advice in your best interests. Furthermore, they will do everything to ensure that your case settles sooner rather than later.
How can I sue my doctor?
The attorney will guide you through the suing process while also knowing about the defendant’s lawyer. Your doctor will also probably get a good lawyer. Therefore, carefully draft a lawsuit against your doctor.
You can also sue your doctor for misdiagnosis and mistreatment. Misdiagnosis occurs in three conditions: Hypoxia, Infant Hematoma, and Newborn Jaundice. Such misdiagnosis can be life-threatening. Therefore, you can hold your doctor accountable.
What will make my case stronger?
Several factors, such as your baby’s overall health after delivery, can add value to your case. These factors include medical costs during the birth injury treatment, depending on the type of injury and its severity.
However, as the case progress, your case value may change. Your attorney will keep you updated regarding your case progresses over time.
Birth injuries occur due to the doctor’s negligence. If this happens, you can file a lawsuit against the guilty party. You need to contact a birth injury lawyer to do that. They will guide you with the best strategy to move forward.
Both parties’ attorneys will try to reach a financial settlement outside the court. If they fail, the matter will then go to court. The judge will hear the arguments of both the defendant and the plaintiff and then determine if the plaintiff deserves a settlement. The lawsuit period varies from case to case. If you win, your financial settlement will cover the lawsuit costs. The severity of your child’s health might make your case stronger, increasing your chances of winning.
Before filing a lawsuit against your doctor or the hospital, it is always best to contact a birth injury lawyer.