For most parents, discovering they will be welcoming a new child into their lives is an exciting and joyous time. They endlessly prepare their homes and their hearts to ensure everything is just right when the new member of their family comes along.
Few people expect the birthing process to be easy, of course. But fewer still anticipate the prospect of birthing complications, from cuts and bruises to life-threatening injuries, which can impact the health of both mother and child. If you or your spouse has suffered an injury during childbirth, consider contacting a birthing injury lawyer at Will Davidson LLP today.
What is a birth injury?
Birthing injuries can be divided into two distinct categories:
Birth defects: Birth defects are caused by a prenatal condition or action, such as genetic defects or maternal drug use. They manifest in a variety of ways, including down syndrome, congenital heart defects, and physical malformations.[1]
Birth Injuries: Birth injuries, on the other hand, occur during the actual birthing process. While most injuries are minor (bruises, small lacerations, etc…) and often resolve themselves, some can be more severe. For example, birth injuries can lead to brain hemorrhaging, nerve injuries, and perinatal asphyxia, which can result in permanent developmental disorders. [2]
In the United States alone, approximately 28,000 children suffer birthing injuries each year.[3] However, the distinction between birth injuries and birth defects is not always clear cut. It can be difficult to tell if a child’s developmental disorder is the result of the birthing process or a pre-existing genetic condition, which is why families who have endured this tragic experience should contact an experienced birthing injury lawyer before considering a legal claim.
What are the consequences of a birthing injury?
Birthing injuries can have a staggering impact on an individual or a family’s quality of life. To begin with, they can cause serious developmental disorders, like cerebral palsy, in affected children. Parents must face not only the emotional consequences of these injuries, but also cope with the financial challenges that come with caring for a disabled child. Between healthcare, physical therapy, counseling, and wages lost to providing care, birthing injuries can take a powerful financial toll on families.
If you believe your child has suffered a birth injury, there may be benefits to initiating a lawsuit. Contact a birthing injury lawyer at Will Davidson LLP to better understand how a lawsuit could help recoup past, ongoing, and future medical expenses; lost wages; and damages for pain and suffering or emotional harm.
In cases where the injury is a result of negligent medical practices, a successful birthing injury lawsuit can also act as a deterrent against future similar events. By initiating a personal injury claim, you may be sparing other parents your difficult experiences.
How do I bring a successful lawsuit?
Birth injury lawsuits require demonstrating that a medical practitioner or individual responsible for the birthing process owed you a duty of care which was breached in a negligent manner, and that this negligence resulted in an injury to your child. This can be a difficult process for several reasons.
First, it is not always easy to distinguish between a birth injury and a birth defect. As such, expert opinions supporting your claim are crucial to building a viable case against an obstetrician.
Second, proving the negligence of a medical practitioner can be an onerous task, one which requires obtaining and carefully examining many pages of medical records.
Due to these challenges, it is important to retain an experienced medical malpractice or birthing injury lawyer who can effectively build a strong case for you.
I think my child may have suffered injuries during the birthing process. What do I do next?
If the birthing process has left your child with a developmental disorder or serious injury, there is a possibility that he or she may have suffered a birth injury. An experienced birthing injury lawyer from Will Davidson LLP can help assess your case and get you the results you deserve. Call us today to schedule your no-obligation consultation.
[1] http://kidshealth.org/en/parents/birth-defects.html
[2] https://www.merckmanuals.com/
[3] http://www.rightdiagnosis.com/b/birth_injury/stats.htm