Child Birth Malpractices

Cerebral palsy is a birth injury inflicted on the baby during childbirth. Spastic cerebral palsy affects 80% of children during childbirth in the US. It occurs because of motor cortex damage. It makes the brain muscles look tight and stiff.

Due to malpractice, dyskinetic cerebral dysfunction occurs in 6% of children during childbirth. A condition that leads to involuntary muscle movement. It occurs because of basal ganglia damage in the brain that controls muscle movement.

Ataxic cerebral palsy influences balance and positioning. It occurs because of cerebellum damage in the brain that helps us maintain body control. It occurs in 6% of children during childbirth. This is also a result of pediatric malpractice.

Several types of cerebral palsy occur in babies during childbirth. They occur because of complications during delivery. It can also be because of pediatric malpractice and lack of preparation before delivery.

The head and neck are the most sensitive areas of a baby, during and right after childbirth. It can have a lifelong impact on the person unless it is treatable. Some conditions are treatable right after birth. However, the treatment can cost new parents a large amount. To avoid that, some new parents filed a lawsuit against the culprit. It can be the doctor or the nurse’s negligence during the delivery.

Questions To Ask Your Attorney

Once to decide to sue your doctor or the hospital administration for pediatric malpractice, you must first hire a childbirth injury attorney. You can also go through a cerebral palsy guide to help you through the process. It will also help you get legal advice.

Here are some questions you must ask your birth injury attorney when filing a lawsuit.

When Should I File For A Birth Injury Lawsuit?

The sooner you hire a birth injury lawyer and file for a lawsuit, the better it will be. It will give you a head start. Your birth injury attorney is better equipped to guide you. Typically, gathering data to file for a lawsuit may take time. Therefore, you must do it as soon as possible. The sooner you get a financial settlement, the sooner your child will get the necessary treatment.

You must also have evidence of malpractice. You cannot file a lawsuit without solid evidence supporting your claim. Before taking legal action, some states require an affidavit. It is a statement signed under oath by a medical professional. Some other conditions may vary from jurisdiction to jurisdiction.

What Is The Statute Of Limitations Under Birth Injury?

The birth injury statute of limitations constraints the time limit of filing a civil lawsuit. Furthermore, it may vary in different states. It is best to consult your lawyer regarding this law in your state. It can be hard to file a lawsuit without the presence of a birth injury attorney.

Once the period stated under the statute of limitations expires, you may not be able to file your lawsuit. You may never be able to file a lawsuit without a valid claim. Therefore, it is best to act with the required evidence sooner than later.

What Are The Categories Of Birth Injury Lawsuits?

Birth injury lawsuits have two categories: pediatric malpractice and wrongful death.

Pediatric malpractice or medical malpractice is when the baby suffers a severe injury at the hands of medical professionals. If this happens, your lawyer may file a medical malpractice lawsuit. If the mother, baby, or both sustain a serious injury, you can file a pediatric malpractice lawsuit.

If the baby dies during childbirth due to the negligence of medical professionals, your lawyer will file a wrongful death lawsuit. This occurs when the doctor makes the wrong decision and goes against professional medical standards.

Doctors have a huge responsibility for the healthcare of the new mother and the baby. If they fail and the baby dies, you can legally hold that doctor accountable.

What Is The Process Of Filing A Birth Injury Lawsuit?

Filing a lawsuit means building a case against doctors and nurses responsible for cerebral palsy and other birth injuries. This requires collecting evidence to build a strong case. The stronger your case is, the more chances you have of claiming your financial settlement.

Both parties’ attorneys will try to settle the case outside the court. If they fail, they will present the case before the judge. The judge will then decide the case’s outcome after listening to arguments from both sides.

Your lawyer will initially send a demand letter to the responsible party before formally filing a lawsuit. The demand letter explains why you believe the doctor is responsible for the birth injury. It also asks for compensation for birth injury treatment. If the defendant agrees to pay the amount asked, the matter will settle sooner.

However, if the birth injury is too severe, requiring highly expensive treatment, the doctor may refuse. Your lawyer will file a formal lawsuit against the doctor in such a case. If the doctor refutes your claim and refuses to pay anything, the case will also go to court.

Remember, if you do not have a strong case and strong evidence against the doctor, you may lose. If medical professionals can prove that the injury was due to another reason, they may charge you with a wrongful lawsuit. In such a case, you would have to pay in settlement. Therefore, ensure that your lawyer builds a strong case.

What Is The Cost Of Filing A Birth Injury Lawsuit?

The lawsuit will not cost you if your lawyer builds a strong case and has valid proof to present in court. Your chances of winning will be stronger. Your winning settlement claim will pay for the legal fees for filing the lawsuit.

The lawsuit settlement amount also varies from state to state in the US. It might help look at old birth injury settlement amounts in different states. In California, a $4.5M settlement claim was filed for a birth injury case of a four-year-old girl. Similarly, the court awarded $3M to the mother of a five-year-old in Pennsylvania. The baby was born with a bilateral cleft palate. In a brachial plexus birth injury case in New Jersey, the court awarded $950,000 to the new parents.

In A Nutshell

Birth injury cases can be severe. It would be best to act within the statute of limitations period. You will not be able to file a case after a certain period. Hire a good birth injury attorney to help you file a lawsuit against the guilty party. Attorneys from both sides will try to settle the matter outside the court. In case they fail, the case will go to trial.

Your chances of winning the case and paying the legal fees are higher if you have a strong case. Get strong evidence against the doctor to present in court. Look at similar birth injury lawsuits in different states to assess the monetary amount. If the injury is severe and the expensive treatment, you will get the required settlement in a lawsuit.