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Who Pays in a Birthing Injury Case?

Mar 24, 2021 | Medical Malpractice

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Parents can attest to the rare and exceptional feelings that take place during the birth of a child. The mother spends an average of nine months properly taking care of the fetus in anticipation of a healthy delivery. This stress-inducing time can easily put even the most grounded adults on edge.

Of course, the goal for any birth is to deliver a completely healthy newborn. Tragically, reality shows that this is not a guarantee. In fact, infant mortality rates in the United States remain astonishingly high for a developed country. While birth injuries are still unusual (approximately six out of every 1,000 newborns), parents should always brace for the worst-case scenario. 

Birth injuries are especially problematic and damaging for parents. If negligence is suspected, it is often not easy for a grieving family to pursue.

Accordingly, a birth injury attorney works on your behalf to find liability in these rare circumstances. A lawyer who specializes in this type of law is far better equipped to earn parents the damages they deserve. Legal damages can help cover medical bills, missed time from work, and emotional suffering from the birthing accident.

What Qualifies as a Birth Injury?

Injuries are a part of life; many develop from unforeseen circumstances or accidents. However, when it applies to birth injuries, the matter gets more complicated.

It is true that many babies experience minor injuries during birth. Most of these injuries are temporary and subside within days or weeks without treatment. Notwithstanding, there are infrequent episodes where the newborn suffers damaged nerves or broken bones during the procedure.

Standard deliveries present fewer obstacles or problems, while more complicated operations like a cesarean delivery (C-section) have an increased possibility of birth injuries. Additionally, circumstances where the fetus is lying in an abnormal position in the uterus can make delivery more problematic for medical professionals.

Nonetheless, birth injuries are generally related to natural forces of labor and delivery that are outside human control. Regardless, the margin for error is extremely delicate. For example, extended use of forceps or other medical instruments can contribute to brain injuries or other issues at birth.

Modern advances and improved understanding of newborn deliveries have eliminated many of the issues that occurred in the past from giving birth. Still, it is a procedure that does present with a risk for complications. Overall, the rate of birth injuries in the United States has been reduced compared to the last several decades, yet there is still room for improvement.

Types of Birth Injuries

Giving birth is considered one of the greatest miracles of life yet is also a complex medical procedure. In the past, it was not uncommon for the newborn or mother to suffer injuries or even death during the operation.

Thankfully, modern science and medicine have vastly improved the baby delivery process. Nonetheless, there are inherent risks in nature that can cause the labor or delivery to not go as planned. In many instances, this is beyond the control of medical professionals, and thus they have no liability for birth injuries.

On the other hand, doctors and other medical professionals may accept some form of responsibility through a medical malpractice lawsuit. It is the most common way to file a civil action against a medical professional but is also exceedingly difficult to prove in a court of law. It is why most victims rely on a birth injury attorney that specializes in the practice.

In general, the most common types of birth injuries include:

  •       Physical injuries
  •       Brain injuries
  •       Pregnancy-related injuries
  •       Delivery-related injuries

A birth injury attorney can fight in court to recover damages that cover medical expenses and emotional damages related to the injury. Find out what Stewart & Stewart can do for you by scheduling an initial, free consultation.

Who Is Responsible/Pays for a Birthing Injury?

Finding fault and liability in birthing injuries and other types of medical malpractice can be complex. There is a legal process for establishing liability in medical malpractice lawsuits to protect medical professionals from repeatedly getting sued when treatment does not go precisely as planned.

Consequently, a birth injury attorney not only has to demonstrate liability on behalf of a medical professional but must also have the assertions and evidence reviewed by a medical board before the case goes to court.

While this may deter many victims from receiving damages, we suggest the opposite. Birth injuries are incredibly serious and could result in lifelong learning or developmental disabilities. For this reason, seeking justice is a must to protect your financials as well as the future of the child.

Contact Stewart & Stewart for more information about birth injuries and avenues for seeking justice at (866) 926-2414.

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