A birth injury is defined as an injury or damage to the infant before, during, or after the birth. Here is a list of the most common birth injuries:
- Brachial palsy. It is an injury of a group of nerves that supplies the hands and arms of a baby.
- Bruising or forceps marks. This injury often occurs to babies delivered by vacuum extraction.
- Caput succedaneum. It is a swelling of soft tissues of the child’s scalp. Usually, the swelling disappears after a few days with no complications.
- Cephalohematoma. It is bleeding between the skull’s fibrous covering and its bone. It usually takes between 2 weeks and 3 months for cephalohematomas to disappear.
- Fractures. They are very common during labor and delivery.
- Cerebral palsy. A type of brain injury that occurs during childbirth. Depending on the severity of the health condition, it can affect muscle control and speech development.
- Erb’s palsy. It is paralysis of the baby’s arms, hands, or shoulders. It is caused by damage to the brachial plexus nerves.
If a family has experienced a birth injury, it is recommended to file a birth injury lawsuit with a birth injury attorney. It will allow a family to receive compensation and afford long-term and expensive treatment for babies affected by one of the above-mentioned injuries.
How Does the Birth Injury Lawsuit Process Look Like?
The process is similar in most cases. First, the victims of birth injuries and their attorney gather preliminary evidence and the file a lawsuit. Attorneys with then either reach a legal agreement or to trial to resolve the case.
Even though every case is different, here is a list of general steps of the birth injury lawsuit process:
- Claim investigation. The first step, before filing a claim, is to determine what compensation an injured child and their family will need. A birth injury attorney and family will need to create a Life Care Plan that documents how much the treatment will cost throughout the child’s life.
- Gather evidence. Evidence and information need to be gathered in order to build a strong case. The information may include health problems experienced during pregnancies, the series of events before and after the birth, health issues the child is experiencing right now.
- File the lawsuit. The attorney will create and file the lawsuit against the defendants, who are usually doctors, nurses, and other healthcare professionals that are considered to be responsible for the injury of a child.
- Discovery. After the defendants respond, the lawyer’s mission is to gather more information and evidence to make the case stronger. At this stage, the attorney may request additional medical information and other information that is related to the child’s birth. The legal team of defendants is also allowed to gather their own information to build their case.
- Settlement. In most cases, settlements are reached before going to trial. In order to reach a settlement, attorneys and defendants will need to negotiate compensation. Only a small percentage of lawsuits go to trial because it is too risky.
- Trial. If reaching a settlement is impossible, then the case is sent to court and the judge decides on the outcome. Even if there is clear evidence that the child received a birth injury, there is still no guarantee that the compensation will be awarded. For this reason, most cases do not go to court.
- Verdict and reward. If the judge sides with the victims, compensation is granted.
For those who have experienced a birth injury and need legal help, a birth injury attorney is ready to help.
