Common Birth Injury Lawsuits
Are birth injury lawsuits a good option for families?
It’s a sad fact that birth injury lawsuits are not uncommon. In addition to the emotional distress that parents undergo when their infant is injured, the resulting medical bills are unexpected and often overwhelming. Another aspect to this is that when the injury is permanent, it may require a lifetime of special care and costly treatment. If the child dies as a result of their birth injury, the parents may be inconsolable and left only with a pile of medical bills. Birth injury lawsuits are a vehicle for families to seek relief from those who were at fault for their child’s condition. To discuss your case with a respected birth injury lawyer, call a lawyer without delay. Birth injury lawsuits are lengthy and time consuming—if you have grounds for a claim, it’s important to get started right away before the statute of limitations expires.
What kind of birth injury lawsuits are common?
Nearly any kind of birth injury can be the basis for lawsuits if the damages are significant and there is a clear path to determining which party was negligent and should be held responsible. Common injuries include cerebral palsy, brain damage, severe bruising, and deep lacerations.
Was it a birth injury or a birth defect?
A common defense strategy birth injury lawsuits is the claim that the child did not sustain a birth injury; it is a birth defect that they were born with and has nothing to do with the manner of delivery or other care provided by medical personnel. It is up to the defense team to prove that the baby was genetically predisposed to the defect or condition. It is up to the plaintiff’s birth injury attorney to prove that medical negligence or carelessness was the cause for what is not a defect but is actually an injury that was otherwise preventable.
What can birth injury lawsuits achieve?
For many families making the decision to move forward with their birth injury lawsuits was not an easy one. It involves a significant amount of time, energy, and stress. Though it makes a real difference in the process and outcome when a family works with an experienced and compassionate birth injury lawyer, a trial can be an ordeal. However, when the family wins their suit against the defendant, the financial award that they receive can change their lives. It can make it possible to provide their baby with the medical care they need in order to maximize their quality of life. It can also provide relief for the medical bills already incurred. Our birth injury lawyers are successful litigators who are not afraid to take on hospitals and physicians who have teams of attorneys representing them. However, in many cases, our clients have not had to undergo a trial because our birth injury lawyer was able to negotiate a substantial settlement on their behalf.