When it comes to birth injuries, the last thing any new parent wants to think about is whether or not there may have been someone held liable for the injury. Unfortunately, that’s an all too common outcome when a baby suffers from an injury at birth. Knowing what your legal options are can make a huge difference in the ability of families to be able to hold medical practitioners accountable and get the financial relief they deserve.

 

In this blog post, we’ll provide an overview of some key points you need to be aware of if you believe your child was injured due to medical negligence during delivery. Let’s get started!

Seek Legal Advice

The first and arguably the most crucial step, if you suspect your child’s injury was due to medical negligence, is to seek legal advice from an experienced birth injury lawyer. Reliable legal professionals like Bailey, Johnson & Peck, P.C can help you understand the complexities of the law surrounding medical malpractice and guide you through the legal process. Note that not all birth injuries are the result of negligence but if the healthcare provider failed to provide the standard of care expected in their profession, and this failure led to your child’s injury, you may have a case. A lawyer will be able to review your medical records, gather evidence, and consult medical experts to determine if negligence occurred.

Types of Birth Injuries

Birth injuries can range from mild to severe, and their effects can be short-term or long-term. Some common types of birth injuries include:

 

• Cerebral Palsy: A neurological disorder that affects a child’s movement, muscle tone, and coordination.
• Brachial Plexus Injury: Damage to the nerve network that controls movement and sensation in the arms and hands.
• Erb’s Palsy: A type of brachial plexus injury that specifically affects the upper arm.
• Fractures or Bone Injuries: These can happen during a difficult delivery, especially if excessive force is used by the healthcare provider.
• Brain Injuries: Lack of oxygen during delivery or the use of forceps or vacuum extraction can lead to brain damage in newborns.

 

Regardless of the type of birth injury, they can have long-lasting physical, emotional, and financial consequences for both the child and their family.

Understand Medical Negligence

Medical negligence refers to a breach of the duty of care by a healthcare provider, which results in harm to the patient. In the context of childbirth, this could occur if a healthcare professional fails to accurately diagnose or treat a condition during pregnancy, labor, or delivery, resulting in an injury to the mother or baby.

 

Examples of negligence might include failure to monitor vital signs, incorrect use of medical instruments, or not performing a necessary cesarean section promptly. For a case to qualify as medical negligence, it’s not enough to simply show that an injury occurred or that an error happened. The injury must have been a direct result of the healthcare provider’s breach of their duty of care, and it must be proven that the injury would not have occurred if the healthcare provider had not acted negligibly.

Gather Evidence

To successfully claim birth injury liability, gathering evidence might include medical records, witness statements, and expert opinions. Detailed medical records are vital as they can paint a clear picture of how the events transpired and establish the timeline of the healthcare provider’s actions. Testimonies from nurses, midwives, or other medical practitioners present during delivery can corroborate or dispute the allegations of negligence.

 

Even medical experts can determine if the standard of care was breached and if this breach directly resulted in the injury. Simply having an unfortunate outcome is not enough to establish negligence: there must be a clear link demonstrating that the healthcare provider’s actions, or lack thereof, directly resulted in the injury.

File a Lawsuit

Filing a lawsuit is the formal process of claiming birth injury liability: it is a way to hold the healthcare provider accountable for their actions and seek compensation for the damages caused by their negligence. A lawsuit can cover medical expenses, loss of future earnings, and other damages resulting from the birth injury.

 

Each state has a different statute of limitations for filing a birth injury lawsuit. For instance, in New York, the statute of limitations is two and a half years from the date of injury. In other states like California, it’s a more extended period of up to eight years. Therefore, it is strongly advised to act promptly and consult a legal professional to ensure you file the lawsuit correctly and within the required timeline. A competent attorney can guide you through this process, ensuring all required legal procedures are followed, and protecting your best interests throughout the proceedings.

Attend Mediation or Trial

After filing a lawsuit, the case may either proceed to mediation or trial. Mediation is a less formal process where a neutral third party, the mediator, assists the parties in negotiating a settlement. The mediator does not decide the case but facilitates the parties to understand each other’s position and explore resolution alternatives. 

 

On the other hand, if mediation fails or is not an option, the case proceeds to trial. A trial involves a formal presentation of evidence before a judge or a jury, who will then make a decision. The decision reached at trial is binding and can only be challenged through an appeal. The process can be arduous and emotionally draining but a competent attorney can provide invaluable support, advocating for your rights, and presenting your case in the strongest possible manner.

The journey of pursuing a birth injury liability claim is complex and often daunting: it intertwines emotional upheaval, legal intricacies, and dedicated effort. Yet, understanding your rights, seeking professional legal advice, and taking decisive action can make a significant difference. 

 

The objective is to hold those responsible accountable, secure the necessary compensation, and ultimately, provide the injured child with the best possible quality of life despite the challenges they may face. Remember that it’s not just about the financial aspect but about justice and ensuring that such negligence doesn’t happen to another innocent child.