subject: Looking Out For Your Family's Safety: When A Birth Injury Is Cause For Legal Action [print this page] The birth of a child is a beautiful memory for most parents. In rare cases, a trauma to the baby occurs during the birth process that results in an injury. Most of these injuries are minor and are just a result of the birth process itself. However, other injuries may be the result of negligence on the part of a doctor or nurse attending to the babys birth.
Injuries to the baby as a result of a medical professionals actions vary in their severity. Minor injuries such as bruising, facial paralysis or a subconjunctual hemorrhage will most likely heal within a few weeks of the birth. However, other injuries such as Erbs palsy or cerebral palsy may be a result of inadequate care provided to the baby or a medical professionals poor judgment during the birthing process. These injuries are serious and carry lasting effects on a child.
If parents suspect that the serious and irreversible injury their baby received during the birthing process was a result of a medical professionals negligence, they must take action quickly. First, the babys condition needs to be stabilized and adequate care for the injury needs to be provided. Then, the parents can seek the advice of a medical malpractice attorney to determine if a birth injury lawsuit is the best course of action.
Birth injury lawsuits are best handled by an experienced medical malpractice attorney. Each state in the United States has different laws regarding the statute of limitations on lawsuits. Therefore, it is important that the attorney handling your case is familiar with your states specific laws. An experienced medical malpractice attorney will also be familiar with the medical and legal complexities of a malpractice case.
If a birth injury lawsuit is filed, your attorney will need to investigate and provide adequate proof that the resulting injury was due to negligence or error. Compensation for injury and for medical expenses is a possible settlement in a birth injury lawsuit.
