All parents worry about what the future holds for their children. But parents whose child is living with the effects of a birth injury may have more complex concerns, including how to provide appropriate medical and personal care over the long term.
Many parents visit a birth injury lawyer to assess whether a medical malpractice lawsuit can solve some of their problems. Birth injury lawsuits, however, are difficult and complicated and are best handled by experienced attorneys.
What Is Birth Injury?
Birth injury is harm to the baby that occurs during delivery, usually in the birth canal. These events do not always rise to the level of medical malpractice. A lawsuit must prove that your doctor failed to meet the profession’s standard of care. Even if your doctor made a mistake, you may not be able to prove medical negligence.
What Cases Do Birth Injury Attorneys Handle?
Most birth injury lawsuits involve long-term, irreversible harm to a child. Those who consult with a cerebral palsy attorney or shoulder dystocia attorney often see their cases taken to court, but other injuries may also prompt legal action.
Complications during birth include:
- Loss of oxygen
- Getting stuck in the birth canal
- Use of forceps during delivery
- Prenatal diabetes
- Doctor-prescribed medications
How Can a Birth Injury Lawyer Help Me?
Talking to a legal professional can help you make sense of what happened to your child. An attorney answers your specific questions, including what resources might be available for your family.
Birth injury lawyers can investigate the details of your medical care to assess the possibility of medical malpractice. If appropriate, they can file a lawsuit to protect your family’s interests.
Can I Receive Financial Damages for Birth Injury?
Typically, proceeds from a lawsuit are held in trust for your child. Types of damages may include:
- Medical expenses
- Pain and suffering
- Loss of future earning capacity
- Caregiver expenses
A successful outcome can provide parents with some peace of mind that their child will have financial support over the long term.
Is a Birth Injury Lawsuit a Long Process?
Yes. Doctors rarely settle medical malpractice lawsuits out of court. Trials and appeals can continue for many years. But for parents determined to support their child’s welfare, the legal process may be worthwhile.
Are Medical Malpractice Lawyers Expensive?
Friedman, Domiano & Smith, who take medical malpractice cases in Cleveland, Ohio, have a no fee, no recovery policy. The team fronts the costs for work connected to your birth injury lawsuit, including expert testimony and investigation.
If we don’t win the case, you owe us nothing. As experienced injury attorneys, we support and advocate for families throughout their legal actions.
Image provided by Mikel Garcia Idiakez under the creative commons attribution 2.o generic license.