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Birth Injury Law: An Overview from an Injury Lawyer

Written by Cooper & Friedman PLLC on July 5, 2017

birth injury

Birth injury law is a topic that is often hard to discuss. For an expecting woman, it’s important to understand birth injury law and what to do if a newborn suffers injuries. Birth injuries are more common than a lot of people think. They are classified as any complications that result in permanent injury during labor and delivery. Additionally, they can be defined as injuries that are a result of incompetent or improper medical care prior to birth.

In any case, if a newborn suffers from injuries as a result of improper prenatal care or because a doctor fails to identify and treat conditions while the baby is in the womb, it could be cause for a legal case that results in compensation for the parents of the injured baby. Before contacting an injury lawyer who understands birth injury law, it is important to know the details behind a case.

Below we’ve outlined what is considered a birth injury, common causes, and the differences between an injury and defect. Follow along to learn more about what to do next if you or someone you love has a newborn baby who has suffered from a birth injury at the hands of a medical doctor.

What is a Birth Injury and What Causes One?

A birth injury is any injury that a newborn baby sustains while in the womb or during delivery that is a direct result of improper medical care. While only around 7 in every 1,000 babies born in the United States will suffer a birth injury, according to the Birth Injury Guide Organization, each one is devastating to both the child and the parents. When expecting a child, it’s assumed that the healthcare provider is doing what is best for the baby and mother. Unfortunately, this is not always the case.

Most birth injuries are a direct result of complications during delivery that were not anticipated for. Others are due to negative side effects of a prescription drug taken during pregnancy. If an obstetrician improperly uses a medical tool or performs a medical technique incorrectly, injuries to the newborn can range anywhere from a lack of oxygen to the brain to more severe head injuries.

It is important to note that while some birth injuries as a result of negligent medical care or improper prescription recommendations will turn into successful legal cases, not all will. Some situations arise that are out of the residing medical professional’s control and birth injuries occur regardless of medical skill.

What is the Difference Between a Birth Injury and a Birth Defect?

There is a substantial difference between birth injuries and birth defects. While a birth injury is a result of negligent medical practice by a medical provider, a birth defect is different. A birth defect is an issue that arose prior to birth. Birth defects result from something that occurred during, or even before, pregnancy.

According to the Center for Disease Control and Prevention, 3% of babies born in the United States have a birth defect that ranges from minor to severe. There are many reasons that a newborn may suffer a birth defect including hereditary issues or drug and alcohol consumption. And many causes for birth defects remain unknown.

If a birth defect is a result of heredity, illegal drug use, or alcohol consumption, then it is very unlikely that compensation can be sought through a legal case. However, birth injuries are another story entirely.

What is the Next Step if My Child Suffers a Birth Injury?

If you are in a situation where your child has suffered a birth injury, there are some steps to take. The first is to collect proof your doctor and/or facility provided you with incompetent healthcare throughout your pregnancy or delivery. Proving that a medical provider performed his or her duties below certain and set standard of guidelines is crucial to winning the legal case.

The next step you will want to take is hiring a competent and experienced injury law firm to represent you in court. Find an injury lawyer or injury law firm that takes on birth injury law cases. They should also have a high success rate in getting their clients the compensation they deserve. Once you find a lawyer, they will help you to find elements of a claim for birth injury.

Any unfortunate situation that results in a birth injury which could have been avoided deserves to be looked at. An experience lawyer can help determine if it has potential to become a legal claim. Birth injury law cases can get very complex. It is important to have a lawyer with experience in birth injury law on your side.

If you have recently had a newborn child who suffered from a preventable birth injury throughout pregnancy or during delivery, you and your child deserve compensation. Contact the Law Office of Cooper and Friedman for a free birth injury legal case consultation today. Call 502-459-7555 or visit our Contact Us page now.

Posted Under: Child Injury Lawyer, Personal Injury

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