Birth injury medical malpractice occurs when a baby is injured during the labor or delivery process because of the negligence of a healthcare provider. If you believe that your child has been injured due to malpractice, you needed to understand the essential elements of applicable law. You need to know what steps to take to protect the important legal rights and interests associated with the birth injury and malpractice.

Types of Birth Injuries

The legal and medical professions generally rate birth injuries on a spectrum from mild to severe. At the mild end of the range, a baby might suffer bruising during the labor and birth process. At the severe end of the spectrum, a baby might end up with permanent brain damage. The net effect of a birth injury can range from short term, mild pain to a permanent, profound impairment.

Complexity of Birth Injury Cases

Birth injury cases represent some of the most complicated legal matters. The reality is that if your child has suffered a serious birth injury, you need to engage the services of a highly skilled, experienced malpractice lawyer with a significant background in these types of cases. A parent with a child injured during the labor and birth process is wise to take a proactive stance when it comes to retaining legal representation.

The first step in hiring a capable birth injury attorney is scheduling what is known as an initial consultation. During an initial consultation, legal counsel provides an evaluation of a case, including an analysis of potential strategies designed to best protect an injured baby’s legal interests. A parent also has an opportunity to get answers to questions. As a general rule, there is no fee charged for an initial consultation with an attorney in a birth injury malpractice case.

Compensation in a Birth Injury Case

The stark reality is that justice can never be fully obtained when a baby is profoundly injured during the labor and birth process. What can be done is obtaining appropriate compensation for an injured baby. An experienced birth injury attorney fights to ensure that fair compensation is obtained in this type of case. 

The compensation sought in a birth injury case depends on the facts and circumstances surrounding the labor and birth, and the associated negligence of the healthcare providers involved. Of course, the nature and extent of a baby’s injuries are also integral in determining what is fair and appropriate compensation for a birth injury case. 

With that said, there are certain types of injuries, damages, and losses that a skilled malpractice lawyer seeks on behalf of a client in a birth injury case. These include compensation for medical bills and expenses. In many birth injury cases, the injured individual will face a lifetime of expensive medical care and treatment. 

Other injuries, damages, and losses for which compensation is sought in a birth injury case includes such things as pain and suffering, mental anguish and emotional distress, lost opportunities, and lost income.

Posted by Alice Stevens

Full time stay at home mom with three children. I love to blog!

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