A healthcare professional must prevent harm to a patient, including a newborn child. Some medical professionals will fail to meet this standard of care and will put infants at risk of life-changing and permanent injuries.
Common types of birth injuries can include:
Brachial plexus is a condition that involves the stretching of the nerves around the shoulder. The brachial plexus can result in weakness in the arm or paralysis.
A brain injury can cause mild to severe brain damage, resulting in developmental delays or intellectual disabilities. If a physician fails to treat a brain injury promptly or causes the injury, they can be held liable.
Cerebral palsy is one of the most well-known birth injuries. Cerebral palsy is a chronic condition that has no cure. While the cause of cerebral palsy is not always due to medical malpractice, if negligence did cause an infant to sustain this serious injury, steps must be taken to protect the child.
This birth injury is another form of brachial plexus and it affects the shoulder. Erb’s palsy is often sustained during strenuous labor where excessive force moves the shoulder past its normal functioning point.
HIE is a condition in which the reduced flow of blood and oxygen results in severe brain damage. Common causes of hypoxic-ischemic encephalopathy include birthing trauma and uterine rupture.
A spinal cord injury is one of the most catastrophic forms of birth trauma that can occur. A spinal cord injury can result in paralysis or the body’s inability to regulate itself.
Complications during labor are one of the major causes of birth injuries. However, with proper management, most birth injuries can be prevented.
Other causes of birth injuries include:
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The compensation you and/or your child are entitled to after a birth injury can vary and will depend on the circumstances surrounding the incident.
In some cases, a victim of a birth injury can recover the following types of compensation:
A birth injury lawyer may consult with experts to accurately assess damages, such as the cost of future medical care. This will ensure your child can continue to receive vital medical treatment that can aid in their recovery or improve their quality of life now and in the future.
At Parker Waichman LLP, our birth injury lawyers have helped countless clients pursue justice and compensation for birth injuries.
When you hire a member of our legal team, they can help in several ways, including:
Throughout the entire legal process, a birth injury attorney on our legal team will fight for the best possible outcome to your case.
Depending on which state you reside in, certain states require you to obtain a certificate of merit and send a pre-suit notice before filing a birth injury lawsuit.
In some states, before you can file a birth injury lawsuit a pre-suit notice must be given to the defendant. Along with this notice, there must be an affidavit from a medical expert that details that the claim has merit.
A Certificate of Merit should be filed with a lawsuit or shortly after the lawsuit has been filed. A Certificate of Merit is a medical expert’s affidavit, which confirms the merit of your case. Your birth injury attorney can help you obtain a Certificate of Merit and gather medical documentation that is relevant to your case while ensuring the certificate is filed within the state’s required timeline.
If your child suffered birth injuries due to negligent medical staff or the medical facility itself, it’s time to take action.
Contact a birth injury lawyer at Parker Waichman LLP today to schedule a free legal consultation and learn how we can help you fight the fair compensation your child deserves for injuries caused by the negligence of another.
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