Filing a Birth Injury Complaint

1 person found this useful

(1 Votes)

Found this useful?

TweetThis

Print

Giving birth is an emotional time, one that we often associate with feelings of joy and relief.  However, when something unexpected happens and a baby is injured those feelings often turn to sadness, anger and fear.  If the baby’s injury happened because of the negligence of a hospital, doctor, nurse, or other medical professional then you may be able to file a birth injury lawsuit.

Reasons for Birth injury or Birth Trauma Complaints

Generally, you can file a lawsuit after a birth injury or a birth trauma if a medical facility’s negligence or a professional’s malpractice caused the birth injury.  Malpractice is the legal term for the type of lawsuit that you would file.  Some common types of birth injury malpractice cases include:

  • Failure to Perform a Medically Necessary Cesarean Section;
  • Failure to Diagnose Birthing Complications; and
  • Failure to Provide Adequate Care During Labor and Delivery.

Injuries from these types of malpractice may include Erbs Palsy, Cerebral Palsy, brain injuries and deaths.  These injuries are caused by medical malpractice if the medical professional failed to exercise the same standard of care that other reasonable medical professionals would exercise in similar situations and if that failure caused the baby’s injuries.

How to Collect Damages for a Birth injury

If your child has suffered a birth trauma then you should consult with an attorney about filing a birth injury lawsuit.   Once you contact a birth injury lawyer, you will meet with the lawyer for a free consultation and to determine if there is a legal basis for filing a complaint to recover damages for the birth injury.  Malpractice can be difficult to prove but an experienced birth injury attorney can help you recover damages for medical bills, lost income, ongoing care, rehabilitation costs, out of pocket expenses and pain and suffering in a birth injury lawsuit.

1 person found this useful

(1 Votes)
Found this useful?

Print

TweetThis

Contact A Lawyer
SF5:0.7.7.100409.8823