birth injury lawsuit

Understanding Birth Injury Damages

The birth canal transition is usually where birth injury damages are most commonly sustained in the birthing process. There are cases where many newborns experience one or more minor injuries where treatment is not required. In other situations the breaking of bones and damaging the nerves takes place.

birth-injury-lawsuit-12There are times when a fetus may grow to be too large to pass through the birthing canal. On occasion a mother and baby face the problem of the birth canal being too small to avoid risks. Other problems can also occur when fetuses are in a state of abnormal positioning in the uterus prior to birth.

Ultrasound and prenatal assessment improvements over the years have contributed to the reduction in the number of injuries during childbirth. The ability to do cesarean deliveries in certain situations has also helped prevent many would be damages to babies and mothers.

Bruising and some swelling of a newborns scalp is very common due to the fact of the head being the first body part to experience pressure in most cases. A condition known as cephalohematoma occur when blood accumulates below the thick covering of a skull bone. Commonly the condition disappears over a number of weeks or months.

Skull fractures are a rare occurrence, but are known to take place during some deliveries and usually heals quite rapidly without extended treatment. Bleeding inside of the brain, depressed fractures or indentations are also among the possible birth damages that occur during childbirth.

The above-mentioned injuries are possible damages that may result from the natural risks associated with delivering babies. But there are a few damages that can be caused by the negligence of medical professionals. In which case parents are able to demand compensation.


Pain and suffering are considered non-economic damages (financial compensation) along with being compensated for other similar damages such as mental anguish.

Economic damages (compensation) is quite different because it has to do with being financially compensated for possible occupational and physical therapy, related medical costs, loss of wages and other economical results associated with that terrible experience.

Recovering birth injury damages is not as simple as filling out a paper or two and collecting a check. It requires competent and experienced legal help from lawyers that know what needs to be done. It is extremely important that the parent or legal guardian of the child consult with legal counsel immediately.


A Guide To Filing A Birth Injury Lawsuit

Heading to the hospital to have a baby is one of the most exciting times in a woman’s life, but what happens when something goes wrong. There are some instances where a doctor’s negligence cause harm to your child. If you are in a situation like this and you want to file a birth injury lawsuit, the following information should be quite useful.

birth-injury-lawsuit-1Get a lawyer that has experience with this type of case. You do not want to go to a personal injury lawyer that has never had to litigate anything of this nature. There are many medical documents that will need to be reviewed and hours of research involved. Anyone who does not have familiarity with a lawsuit like this may have a hard time putting together a suit that is successful.

Understand the fee schedule of any attorney you select. These cases tend to be taken on a contingency basis, which means that no money will exchange hands until the case is completed. Also, you will not have to pay for your birth injury lawsuit unless the outcome is a positive one.

Be open with your lawyer about anything that could be used against you later. For instance, if you were abusing drugs early in the second trimester, it would important to share this. Trying to be dishonest can backfire in the event the defense finds out and uses this information to discredit you. Be open and honest with your attorney and allow them to decide which direction to go in.

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There is no reason that someone should not be made to pay if their recklessly led to your child being injured. Make sure that you remember all of this information if you decide that filing a lawsuit would be the best course of action.