Birth Injury Lawsuit: Do You Have a Case?

Any delivery that brings a healthy baby into your arms is a perfect one. Unfortunately for thousands of families, medical mistakes and substandard care during delivery leads to needless birth injuries.

If you believe your child’s cerebral palsy, Erb’s Palsy, or brain damage may be attributed to negligent medical care, an experienced lawyer can help you understand your legal options for seeking damages in a court of law.

Do I have grounds to file a birth injury lawsuit?

It was supposed to be one of the most joyous moments in your life: the day of your child’s birth. However, a difficult delivery followed by complications left your baby with serious injuries. You believe that the obstetrician or nurse may be responsible for this tragedy, but aren’t sure if taking legal action is the right thing to do. You’re not even certain if you are eligible for filing a birth injury lawsuit.

When a patient is harmed by the incompetent actions or inactions of health care providers—whether a nurse, midwife, or doctor—this type of misconduct is labeled “medical malpractice.” The best advice for any family facing this dilemma is to speak with birth injury lawyers right away. A lawyer will investigate your case thoroughly to determine whether negligence played a major role in your child’s injuries. Keep in mind that not every case turns into a lawsuit.

Every state has different statutes of limitations that dictate the length of time in which you can file a claim. For this reason, it’s imperative to talk to a lawyer as soon as possible, to ensure your best possible chances of obtaining compensation for your child’s injuries.

Your first consultation

During a birth injury lawsuit consultation, your lawyer will need to gather detailed information regarding the circumstances of your delivery and prenatal care. Some questions that your attorneys will likely ask include:

• When did you begin prenatal care?
• Did you suffer from gestational diabetes or any other medical conditions?
• Did you deliver your child at full term?
• After delivery, was your baby breathing on his own?

In instances where your child has already been diagnosed with Erb’s Palsy (a type of brachial plexus injury), cerebral palsy, or another kind of injury, other questions may include:

• When was your child’s birth injury diagnosed?
• Which diagnostic tests were used and what were the results?
• What treatments, therapies or surgeries has your child had thus far?

Negligent medical care leading to birth injuries

Some complicated deliveries may present unique challenges to even the most experienced of doctors. Though health care professionals are well-versed in addressing such complications, factors such as distraction, fatigue, or carelessness can lead to preventable injuries to the fetus. Some examples of birth injury malpractice that cause harm include:

• Failure to warn of pregnancy risks
• Failure to take action to prevent complications associated with high-risk pregnancies
• Failure to consistently monitor both mother and child
• Improper use of vacuum suction, forceps or other birthing devices
• Failure to perform a C-section, when indicated
• C-section mistakes
• Failure to treat maternal infections or illnesses (uterine rupture, diabetes in the mother)
• Failure to respond to signs of fetal distress
• Medication or Pitocin dosing errors

Talk to qualified birth injury lawyers

The law firm of Balkin & Eisbrouch offers more than 40 years of experience representing families like yours in medical malpractice cases resulting from substandard care. Our team of compassionate and knowledgeable medical malpractice lawyers can determine whether you have valid grounds to file a claim. If you suspect that your child has suffered at the hands of inexperienced health care professionals or those who committed medical mistakes during the labor process contact us today for a free case evaluation. Our veteran attorneys will scrutinize every detail and circumstance surrounding the birth of your child to establish if medical negligence is to blame.

A successful birth injury lawsuit can help you secure compensation for past and future medical expenses, supportive care, in-home rehabilitation, physical therapy, diminished earning capacity, and other losses. Don’t delay – call our offices now for a confidential consultation to learn more about your child’s legal rights.

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