Although money may be the last thing on your mind when you hear that your child has been injured, there will be a time when you have to consider their medical care costs and the cost to permanently or temporarily care for your child.
If your child was injured just before, during, or shortly after delivery due to a health care provider’s missteps or negligence, you may be able to file a medical malpractice claim for a birth injury. A birth injury lawsuit can award an injured child compensation for medical bills, treatment, and more.
In California, a child may have up until their 8th birthday to sue for a birth injury. However, depending on the type of hospital the baby was delivered in the timeframe may be as short as six months to file a claim. This is one reason why the earlier you speak to a birth injury lawyer, the better your chances of a successful case will be.
What is a birth injury?
Birth injuries are physical injuries experienced during childbirth and can
result from the treatment given to either the mother or the baby during the birthing process. In newborn babies, a birth injury (often called ‘neonatal birth trauma’) can include many things, from bruising to a broken bone.
Types of birth injury include:
- Brachial palsy. This occurs when the group of nerves that supplies the arms and hands (brachial plexus) is injured
- Bruising or forceps marks
- Caput succedaneum
- Cephalohematoma
- Facial paralysis
- Fractures
- Hypoxic Ischemic Encephalopathy (“HIE”)
- Subconjunctival hemorrhage.
If you would like to know more about the different types of birth injury, we have a full article dedicated to this subject.
What happens during a birth injury lawsuit?
During a birth injury lawsuit, your attorney will build a case by reviewing evidence including medical records, hospital policies and procedures, and other relevant documentations. They will interview the witnesses involved in the case and consult medical experts to present your case. If your case is successful, your child may be able to receive compensation for:
- Adaptive and mobility equipment and home and vehicle modifications
- Emotional damages (such as pain and , suffering, or loss of enjoyment of life)
- Medical costs (including past and future expenses)
- Physical therapy and rehabilitation
- Nursing or attendant care services
- Loss of future income if your child will not be able to work due to their injury
- Other healthcare-related expenses
These financial benefits can improve your child’s overall quality of life. Birth injury medical treatments are usually very costly, and compensation can help to ease the financial burden. A specialist birth injury lawyer can help you to win the maximum amount of compensation possible.
During the early stages of the case, your lawyer can map out the projected costs of your child’s care through what’s called a life care plan. If your case is successful, you may be awarded compensation to cover these expenses.
Most life care plans take the form of a legal document that estimates future care costs using current data and research.
Aside from financial compensation, a lawsuit can help provide closure on this traumatic event and enable you and your family to look to the future with renewed hope and confidence.
What are the different types of birth injury lawsuits
Birth injury lawsuits typically fall under two separate categories — medical malpractice lawsuits and wrongful death lawsuits. As much as nobody wants to imagine this, sometimes babies can die as a result of poor management of the birthing process.
If a baby suffered significant injuries that affect their quality of life, lawyers file a medical malpractice lawsuit against the medical professionals responsible. If the birth injuries caused a baby’s death, your lawyers will file a wrongful death lawsuit.
Medical malpractice birth injury lawsuits
Medical malpractice occurs when a doctor or nurse makes a decision that goes against professional standards and harms the mother and/or child.
Doctors and midwives are trained to provide appropriate care for mothers and newborns. Medical professionals should be aware of the consequences of their actions, yet some still make mistakes with lasting consequences. If a medical professional makes a treatment plan or decision that is below the community accepted standard of care, then this is known as medical malpractice.
Wrongful death birth injury lawsuits
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.
Some deaths during childbirth could have been prevented if doctors were not negligent with their care. Wrongful death lawsuits can be filed if a doctor makes a fatal mistake before, during, or shortly after delivery.
If you believe that you may have a case for medical malpractice or wrongful death due to a birth injury, please feel free to reach out to the team of lawyers at Stalwart Law for a professional yet compassionate consultation.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.
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