Birth Injury Blog

Posts Tagged ‘Birth injury attorney’

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