If your child was injured during labor and delivery, then you may be entitled to compensation under the law, this is known as a birth injury lawsuit. Success will vary from case-to-case, depending on the circumstances. In most cases, you’ll have to prove that the medical professionals involved were negligent, or engaged in medical malpractice.

Lawsuits aren’t always straightforward, and the consequences of an injury can be severe and lifelong. As such, the “stakes” are high. We encourage you to work with experienced birth injury attorneys for guidance.

If you aren’t sure whether you have the right to pursue a birth injury lawsuit, it’s worth consulting a lawyer. Here at 1-800-THE-LAW2, our birth injury attorneys offer free and confidential consultations, so you can have your case evaluated with no downside. You’re not required to move forward with your case if you don’t feel like it.

Of course, we understand that you may want to learn a bit more about the law before you talk to an attorney. This article explores some basics of the birth injury lawsuit process:

What are birth injury lawsuits?
When should I file a birth injury lawsuit?
Example of a birth injury
Types of birth injuries
What to expect from the lawsuit process

What Are Birth Injury Lawsuits?

Birth injury lawsuits are a legal means by which you can secure compensation for the losses that you and your child incurred due to a birth injury. They can be filed against a hospital, doctors, and other medical professionals who were negligent during pregnancy, labor, or delivery.

It’s worth noting that the large majority of lawsuits end in a settlement. That being said, some defendants may be hostile, or otherwise unwilling to make a reasonable settlement offer. In these cases, the dispute will likely proceed to trial litigation.

When Should I File a Birth Injury Lawsuit?

A birth injury lawsuit should be considered if you believe that someone else’s negligence caused or contributed to your child’s injury. Medical professionals can make many mistakes that lead to birth-related injuries. Consider a situation where a nurse uses forceps to grip your child’s head, but squeezes too hard. This can cause a skull fracture or even brain damage to the child. You’d have every right to be frustrated and angry with the medical team who was responsible for ensuring the safe delivery of your child. Frustration is not enough, however. You may be entitled to compensation for injuries sustained during the birthing process.

It’s worth noting that birth injuries don’t exclusively involve injuries that occur during labor and delivery, they can also involve injuries that occur shortly after birth. If a doctor fails to diagnose a condition in your newborn baby, for example, this misdiagnosis can cause your baby to suffer long-term. Under these circumstances, you could potentially have a legal claim against the doctor.

Birth Injury Example

For example, suppose that a mother goes through complicated labor, and this results in nerve damage to the baby. Further investigation may reveal that the doctors failed to recognize that the complications warranted a C-section delivery. Under these circumstances, the doctors could be considered medically negligent and therefore liable for damages.

Types of Lawsuits for Birth Injuries

Birth injuries vary in scope from case to case. 5 common birth injury types, or categories, are:

Cerebral Palsy
Skull fractures
Brain Damage
Spinal Damage
Nerve Damage

Cerebral Palsy

Cerebral Palsy, or CP, is a movement condition that is caused by brain damage. It results in painful and spastic muscle activity, slowed development, and other cognitive impairments.

Skull Fractures

Placing too much pressure on the skull can cause fractures that can potentially lead to brain damage, bleeding, and other dangerous complications.

Brain Damage

If there is asphyxiation during birth, your child can suffer permanent brain damage. This may result in cognitive impairment or changes in behavior that won’t be seen until later. In severe cases, brain damage can even lead to paralysis.

Spinal Damage

Mishandling of the baby during labor can cause spinal damage that leads to further health complications. While this is less common than brain damage, it is a serious situation that warrants a birth injury lawsuit.

Nerve Damage

Nerve damage can cause paralysis, loss of sensation, and physical weakness over time. Depending on the set of nerves that are damaged, this can lead to a form of palsy, like Erbs Palsy.

What To Expect From the Birth Injury Lawsuit Process

Although every personal injury lawsuit is different, there is a legal process, or litigation, for pursuing your injury claim. If you know what to expect from your case, you will be better equipped to successfully navigate the litigation process. The process includes 3 steps. They are:

File a legal claim
Wait for a response
Negotiations or trial

How to File a Birth Injury Lawsuit Claim

To begin the process, you must first file a legal claim. The aid of an attorney is beneficial at this stage, as they will help you determine what factors are crucial to a successful claim. A birth injury attorney can also help you make sure that forms are filled out correctly and that you are in compliance with any applicable statutes of limitations or deadlines for filing. Your lawyer will also help you identify what economic and non-economic damages you are due.

What Happens After You File a Birth Injury Claim?

Once your claim has been filed, you need to wait for the defendant to respond. Their response will either involve them accepting the claim and entering into negotiations or denial of the claim. In instances where the defendant denies your claim, you have the right to take them to court to pursue total compensation.

Birth Injury Lawsuit Settlements

Negotiations or Trial?

A majority of birth injury claims are settled without any need to go to court. If you have a lawyer with you during the negotiation process, your odds of reaching a successful compromise are higher. Though, you should never accept a low settlement just because you are in need. Instead, rely on your legal team to help you acquire a fair and equitable settlement from the negligent party.

If your claim was denied, your case will go to court. Throughout this process, your legal team will provide you with a variety of services, including research and evidence collection. It could take months to finish this process, so be prepared to wait a long time to go to court. Once discovery is done, the trial will begin. A judge will hear both sides and determine whose case is stronger. If the judgment is made in your favor, you will be awarded compensation for your losses.

Contact an Experienced Attorney About Your Birth Injury Lawsuit Claim

You cannot go back in time to prevent birth-related injuries, but you can seek justice and financial compensation for the pain and suffering caused. It’s important to get a birth injury lawyer involved in your personal injury case at an early stage. If you wait too long, you could miss important filing deadlines, preventing you from recovering damages altogether, so don’t delay!

Contact us at 1-800-THE-LAW2 or fill out our online contact form for a free and confidential consultation with an experienced birth injury attorney. We’ll connect you in just 10 minutes or less.

The brachial plexus is a group of nerves originating at the spinal cord that runs along the neck and down to the shoulders. Brachial Plexus nerves are attached to other nerves that run through the arms, allowing people to feel sensations in and move each part of their arms. When this set of nerves is damaged during childbirth, functional issues can arise.

Many parents respond by filing a brachial plexus lawsuit against the medical professionals who caused their baby to suffer injuries.

Is a Brachial Plexus Injury Permanent?

The brachial plexus can be permanently damaged during childbirth, causing ongoing suffering for children. Oftentimes, such injuries stem from medical malpractice. This means if your baby suffered a brachial plexus injury during their birth, you may be able to hold the medical professionals liable for any losses you’ve incurred as a result.

How Does a Brachial Plexus Injury Occur?

Causes of Brachial Plexus Injuries at Birth

If labor is difficult or prolonged, doctors may use forceps or extractors to remove the baby from the birthing canal. In doing so, they expose the infant to potential risks associated with improper use of tools. For example, if excessive force is applied to the forceps, the baby’s brachial plexus nerves may rupture. In turn, the rupture may lead to disability in the hands and arms.

While most brachial plexus injuries only cause temporary dysfunction, this is not always the case. Sometimes children are left permanently disabled. Even if the injury is only temporary, babies may still require surgery and physical therapy to revive functionality in their arms and hands.

Signs of Brachial Plexus Injury

It is sometimes difficult to identify the symptoms of a birth-related brachial plexus injury. Usually, symptoms appear as general weakness, constant tingling, or even pain in the arms and hands. There are other, more noticeable symptoms that parents and doctors should look out for as well.

Symptoms of a Brachial Plexus Injury

Some symptoms of damage to the Brachial Plexus are:

Lack of arm, hand, and shoulder mobility
Weakened grip
Decreased sensation in the arms or hands
Limp or hanging arms or hands

If your child’s doctor has not diagnosed your child with a brachial plexus injury, but you notice any of these signs, medical malpractice may be the source of an injury. Contact a birth injury lawyer to initiate a birth injuries lawsuit today.

Erb Duchenne Palsy or Erb’s Palsy

An injury to the Brachial Plexus nerves can result in a variety of disorders. Erb Duchenne Palsy, also known as Erb’s Palsy, and even, Erbs Palsy, is one such disorder. This is a type of brachial plexus injury that impacts the top of the brachial plexus.

Erb’s Palsy has several key symptoms, including paralysis, weakness, numbness, and tingling in the arms and hands.

Does My Baby Have Erb’s Palsy?

Because infants lack the ability to communicate their experience directly, it can be difficult to identify the symptoms of Erb’s Palsy early on. That being said, sometimes you will notice your baby’s arms or hands in a limp position facing away from their body. If you encounter this symptom, your baby likely has a brachial plexus injury.

What happens if the brachial plexus is injured?

Brachial plexus injuries tend to be caused by difficult, prolonged labor and delivery. These injuries are often preventable, and unfortunately, a medical professional’s incompetence can create the issue.

If you want to file a brachial plexus lawsuit, know the medical errors that lead to brachial plexus injuries. If any of the following malpractices occurred while giving birth, consider filing a brachial plexus lawsuit.

Excessive force applied with tools
Delayed C-section
Failure to recognize or respond to distress
Stretching of an infant’s upper body during delivery
Unnecessary pressure placed on a baby’s arms during breech delivery
Failure to follow-up once delivery is complete
Administration of dangerous medications during delivery

Can You Sue for a Brachial Plexus Injury?

When To File a Brachial Plexus Lawsuit

Don’t wait to file a brachial plexus lawsuit.

If you want to obtain financial compensation, the likelihood of success increases the earlier you file. In fact, if you wait too long, you run the risk of missing the Statute of Limitations deadline for the legal claim. If you miss it, your case will be automatically dismissed. Make sure to pursue the claim as soon as possible.

How to File for a Brachial Plexus Lawsuit

The first step you should take contacting an experienced birth injury attorney.

Your attorney will guide you through the legal process, assisting you at every stage. Initially, they will help you collect medical records and calculate your total damages. Then they will walk you through the litigation process.

It can take months or even years to settle a brachial plexus lawsuit, so don’t be alarmed if the case isn’t progressing rapidly.

Get Compensation For Brachial Plexus Injuries

If your child has been injured due the negligence of a medical professional, you deserve to be compensated for any damages caused.

Curious about how much compensation you may get for a brachial plexus injury? To learn how much you can recover, speak to a birth injury attorney today. Get in touch by calling us at 1-800-THE-LAW2 or by scheduling an appointment with a skilled, experienced lawyer in your area. Consultation is free and confidential.

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