Birth Injury Blog

Archive for the ‘Birth Injury Lawyer’ Category

By Livia Monroe

The growing cases of birth injury bring about the question whether parents should deal with such an issue by themselves or, contact a reputable birth injury or medical negligence attorney. Nowadays, child labor has become such a common medical intervention, that, more often than one might expect, doctors and nurses act on request of patients and, refuse to put too much faith in the natural delivery process. Due to this situation, unnecessary medical intervention is becoming known as responsible for birth injury. Consequently, a whole new group of legal practitioners was born, dealing exclusively with birth injuries.

Needless to say, it is extremely difficult for parents whose babies have been subjected to medical injury, to immediately contact an attorney, because of several reasons. Firstly, parents might feel guilty for demanding financial compensation for their babies’ medical condition via a lawsuit initiated by the birth injury attorney. However, what they might not know is the fact that a child who has suffered birth injury is very likely to be in need of further medical treatment, in which case the birth injury attorney can secure parent’s interests. What a birth injury attorney can do is obtain a satisfactory monetary compensation from the guilty party, which can be used to cover any unavoidable expenses.

Furthermore, parents should be made aware of the fact that many doctors, nurses and auxiliary medical personnel are prone to committing minor errors, which can contribute to health problems of the newly born infants. For this reason, a good idea would be to contact a birth injury attorney, that would then discuss the issues with the doctor taking care of the pregnant mother and convince him/her to sign a contract with the future parents, which stipulates monetary compensation in case of medical injury. This has two advantages for both the parents and the safety of their child, on one hand, and, on the other hand, to secure the full attention of the doctor. Consequently, not only will the doctor be totally committed to the process of child delivery, but also, the parents will have some sort of comforting evidence for the future medical process, should a need arise. Read the rest of this entry »

It’s uncommon for pregnancies to end with a birth injury, but when birth injury does occur the results can be very serious. With the increase in advanced technologies and medicines medical practitioners are using today, birth defects are becoming increasingly prevalent. Regardless of weather it is a major or minor birth defect, an injury lawyer can help! You may well discover that you are entitled to compensation for the years you or a loved one has suffered. Your birth injury lawyer will help you decide on the most appropriate legal action to take, from advising and helping you file a class action lawsuit to pursuing an individual injury lawsuit.

Birth injuries can happen during pregnancy, labour or after birth. Some examples of birth injuries are:
• Maternal or Gestational Diabetes
• Cerebral Palsy
• Congenital Hip Dysplasia
• Some cases of stillbirth
If you believe that a midwife or doctor has failed to treat you or a loved one appropriately and that a birth injury has occurred as a result of that, you might be able to make a claim for birth injury compensation after clinical negligence.

When choosing your attorney, make sure you choose a qualified professional that specializes in the field. Before you make a claim, you should make all necessary preparations for anything your case might need. It’s important to keep a record of all your medical bills and paperwork. Keep details and evidence of the injury you sustained and receipt of the medical payments you have been making.

The parents of the child may recover following monetary damages, if they are proven correct: Past and future medical expenses, Past and future loss of earnings, The cost of future care (i.e., aides, devices, counseling, physical therapy, tutoring),Conscious pain and suffering, Loss of services
Time is of particular importance when it comes to filing a lawsuit against the hospital when your child has been injured. The sooner you seek the services of a qualified lawyer the better the outcome will be for you and your child. While the facts are all still the fresh in everyone’s mind your birth injury lawyer will be able to build a better case against the hospital.

Birth Injury is a physical injury suffered by a baby during delivery. Birth injuries may be related to pre-existing maternal or fetal health problems, or related to negligence by a health care professional. Many parents are unaware that their child’s birth defect may have been caused by an injury during the delivery. While the majority of doctors and health care professionals are diligent and professional, unfortunately medical errors are too common and have tragic consequences. Your child’s birth injury may have been caused by medical malpractice.

Finding Birth Injury Lawyer for Medical malpractice lawsuits can be complicated, involve extensive initial investigation, and require a dedicated and experienced birth injury lawyer. A birth injury may have been caused by a doctor’s failure to respond in a timely manner, improper delivery methods, misdiagnosis, failure to properly read test results, or other instance of medical negligence. When you are certain that there is something wrong with the way a doctor handled child birth, it is important to talk to an experienced medical malpractice lawyer. Medical malpractice law is a highly-specialized, very difficult area of law so make sure that you speak with a lawyer who has prior experience in the medical malpractice field. Tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor’s instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

Birth injury lawsuits are handled as medical malpractice claims by birth injury attorneys. The premise of these legal cases is that a medical professional did not provide patient care within the limits of the accepted “standard of care”. In other words, it is the job of your attorney to prove that your child’s birth injury was directly caused by the negligence or error of a medical professional. This could be the doctor, a nurse, a medical technician, or other healthcare professional whose negligence or lack of attention caused a medical mistake.

While most doctors, nurses, midwives, and hospital technicians provide a high standard of care for their patients, unfortunately, many families are harmed by medical mistakes. Parents of a child suffering with a birth injury should contact an experienced injury attorney to research the cause of their child’s condition. Medical mistakes are responsible for many birth injury cases and it would be impossible for a parent, alone, to determine if medical malpractice caused their child’s injury. It is only through the dedicated and thorough efforts of a legal and medical team that the cause can be ascertained.

Different mistakes may constitute medical malpractice including:
• They did not fully inform you of the risks before treating you,
• They did not determine the proper diagnosis of your condition,
• They did not perform appropriate diagnostic testing,
• They did not properly treat your condition,
• They did not perform the operation properly, or
• They did not anticipate a problem which they should have.

The most common birth injuries are cerebral palsy, oxygen deprivation, mental retardation, Erb’s Palsy, Klumpke’s Palsy and Brachial Plexus injuries. The ability to file a medical malpractice claim when birth injuries are of a permanent nature provides the possibility for both the newborn and its family to recover monetary damages.

Examples of Monetary Damages
• Past and future medical expenses;
• Past and future loss of earnings;
• The cost of future care (i.e., aides, devices, counseling, physical therapy, tutoring)
• Conscious pain and suffering
• Loss of services

Giving birth is supposed to be one of the most exciting and amazing times in your life. This dream has been shattered for thousands of women who have had their newborn become injured in the process of giving birth. Doctors have been known to be careless when delivering newborn babies. There are dozens of different injuries newborns have sustained because of the doctor being careless. Don’t let this continue to happen, contact your local Pennsylvania birth injury lawyer today and file a class action lawsuit or a personal lawsuit.
Some of the traumatizing injuries that your newborn may have endured may have semi-permanent effects on the newborn. One of the most common injuries for newborns in bruising on their bodies and heads as a result of the forceps used by the doctor during birth. In some cases newborns heads have been held so tightly that the forceps may cause the skull to crack or fracture. In some cases the fractures have been known to be so extreme that they have required reconstructive surgery in order to make the skull look normal again.

Another injury that a newborn may sustain from the use of forceps during birth is facial paralysis. The careless use of forceps can cause serious injury to the babies’ facial nerves. The nerves in the newborns face can be so damaged that the paralysis in their face can take anywhere from minutes to weeks to clear up, but there have been some instances where the nerve injury has been so severe that surgery was necessary in order to reconstruct the damaged nerves. A Pennsylvania birth injury lawyer can help you get the money you owe to doctors as a result of reconstruction for your infant. We know what it is like for you to have to go through something traumatizing and to have to pay for a mistake of others shouldn’t be part of the burden. Read the rest of this entry »