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Birth Injury FAQ Providing Your Family with Exceptional Resources & Representation

Common Birth Injury Questions

What's the Difference Between a Birth Defect & a Birth Injury?

The main difference between a birth defect and a birth injury is how they occur. Also referred to as congenital disabilities, birth defects are usually genetic and happen naturally to some babies. Birth injuries happen before, during, or after a baby’s delivery. Notably, birth injuries result from a medical team’s failure to administer proper care, but a birth defect is genetic and unavoidable.

What Causes Birth Injuries?

Medical professionals are trained to handle complications during delivery with specific actions to protect the health of a baby and mother. Failure to respond to birth complications often causes birth injuries. Additionally, birth injuries may happen when a doctor, nurse, or medical worker negligently perform their duties, even if there are no complications during delivery.

What Enables a Birth Injury Lawsuit?

Medical malpractice is the most important thing to prove during a birth injury lawsuit. Essentially, your lawyer will need to prove that your doctor failed to meet the standard of care. This requires poring over hospital administration documents, depositions from the medical staff, and hiring medical witnesses who are experts in hospital administration and obstetrical care.

In the end, the quality of the medical malpractice investigation will determine the settlement or verdict you get, and the quality of the investigation hinges on the quality of the attorney who leads it.

What Is Medical Malpractice?

Doctors, nurses, and other medical workers are expected to follow specific procedures. When they fail to follow the proper steps, they may injure or kill the person they are supposed to save. Medical malpractice is a term used to define a medical professional’s failure to meet the basic standard of care while treating a patient. Medical malpractice lawsuits hold doctors and hospitals accountable for their negligence. When a birth injury occurs, the most likely cause is the failure of the medical staff to follow proper protocols before, during, or after delivery.

What Is the Most Common Birth Injury?

The most common birth injuries are bone fractures, brachial plexus injuries, facial paralysis, bruising, and cephalohematoma.

Are There Limits on Birth Injury Cases?

Every state has different guidelines and limits on medical malpractice cases. For example, California places a cap of $250,000 on medical malpractice cases. Every state places a statute of limitations on your ability to file a medical malpractice claim, so it is crucial that you do not wait to act.

To find out about your state’s rules, contact Birth Injury Guide today at (844) 243-9993.

How Can I Tell If Medical Malpractice Occurred During My Child’s Delivery?

Birth injuries are not always obvious. Sometimes, neurological or cognitive damage will not be obvious until a child misses a developmental milestone. In some cases, parents won’t notice a birth injury until a child is 2-3 years old. It’s vital that you speak with an attorney as soon as you suspect that your child is suffering from a birth injury—your window for filing a claim is narrow, and starting your investigation as soon as possible is vital.

My Attorney Collects Contingency Fees. What Are These?

Contingency fees are the way an attorney collects money after a case reaches a settlement or verdict. These agreements are beneficial to clients because it doesn’t require them to pay anything upfront; all they need to do is choose a lawyer, and the firm covers the cost of investigation and litigation. In many cases, clients never receive a bill—attorneys take their fee as a percentage of the final result. Contingency fees allow clients to receive the best legal help regardless of their financial status.

Who Is Paid After a Birth Injury Case?

Settlements and verdicts for a birth injury case are paid to the child who was injured. Courts will set up a trust fund for your child to protect their money until they reach a certain age. However, any compensation for medical care, emotional suffering, or loss of consortium will be paid to parent immediately.

How Do I Find Help for My Birth Injury Case?

The best way to find answers for your case is to contact an attorney as soon as possible. Birth Injury Guide is dedicated to helping parents get the help they need and deserve after their child experienced a birth injury. You shouldn’t accept help from the first lawyer that offers it. Instead, choose the best lawyer for your case. Your child deserves the best chance for a normal life, and we can help you fight for it.

Contact Birth Injury Guide today at (844) 243-9993 to begin your search for the best birth injury lawyers near you.

Common Risk Factors that Lead to Birth Injuries

If you experienced one of these issues during birth and your child is showing symptoms, you might have a case. Call (844) 243-9993 today.
  • Larger Babies

    When a baby is disproportionately large relative to the due date or the size of the mother.  

  • Premature Birth

    Babies born prior to 37 Weeks are at a heightened risk of birth injury and often have complicated medical problems. 

  • Cephalopelvic Disproportion (CPD)

    Size and/or shape of mother's pelvis was not adequate for baby to be born vaginally.

  • Hypoxia

    Occurs when a baby is deprived of oxygen to it's brain, before, during or after delivery. This can lead to a variety of severe brain injuries. 

  • Prolonged Labor

    Labors lasting longer than 20+ hours can cause HIE, cerebral palsy, infection, sepsis, meningitis and many other issues to the baby. 

  • Abnormal Birth Position

    Babies born face first, feet first or buttocks first are at risk as the baby could become stuck in the birth canal. 

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