A Simple Guide To Birth Injury Lawsuits

A Simple Guide To Birth Injury Lawsuits

You’ve waited and prepared for nine long months for the arrival of your little bundle of joy. Whether you’re a first-time parent or not, seeing your newborn is always a sight to treasure. But, how heartbroken would you be if your child came out with complications, or worse, due to someone else’s fault?

While most babies are born without issues, complications may arise during delivery, resulting in newborns suffering from birth injuries. Worse, a severe birth injury may even cause a baby to die shortly after birth. 

While we hope you never experience this, in the unfortunate event that you do, here are the basics you need to know about birth injuries and what you can do legally.

Birth Injury: What Is It And What Can You Do? 

A birth injury is an impairment to a baby’s body structure and function because of an occurrence or accident during the birthing process. Unlike a birth defect in which impairments are not a result of the delivery process, a birth injury occurs when a presumed healthy baby suffers from an injury during delivery due to the mistake or negligence of the healthcare professionals that helped you give birth.

Since a birth injury is most likely caused by someone’s negligence during the delivery, such as doctors, nurses, or other medical personnel, legal action may be sought by the parents to sue the one responsible for it.

During a birth injury lawsuit, a qualified lawyer like the ones from Wagner, a reputable law firm in Halifax, Canada, can help represent you and get you the proper compensation you deserve. If you’re interested in one, visit this website.

Types Of Birth Injury Lawsuits

A birth injury lawsuit usually falls under two separate categories. They are:

  • Medical Malpractice Birth Injury Lawsuit

Medical malpractice happens when a doctor or other medical professional makes a decision that goes against the medical professional standards and causes harm to a patient. Generally, nurses and doctors are trained to offer appropriate care for newborns. However, some may still make poor medical decisions with lasting consequences. 

Some examples of medical negligence and errors include improper use of instruments like forces, use of excessive force, failure to perform a medically necessary procedure like a C-section, or failing to provide proper treatment for maternal infections. 

With a medical malpractice birth injury lawsuit, you’ll need to present evidence that the negligence of the doctor or other medical professionals contributed to the newborn’s birth injury.

A Simple Guide To Birth Injury Lawsuits
Disabled girl sitting in wheelchair. On her legs orthosis. Child cerebral palsy. Inclusion. Family with disabled kid.
  • Wrongful Death Birth Injury Lawsuit

Some birth injuries can result in a newborn’s death. If you think you’re a victim of one, you can file a wrongful death lawsuit against a doctor or medical professional if they made a fatal mistake before, during, or after delivery, resulting in the baby’s death. 

Why File A Birth Injury Lawsuit?

Perhaps the most glaring reason why you should file a birth injury lawsuit is to get justice for the medical negligence done to your little one. In addition, a birth injury lawsuit may also help parents receive compensation that will cover the cost of care and treatment, such as injury rehab, therapy, and more. 

Lastly, filing a birth injury lawsuit against a negligent medical professional can also help raise awareness. It brings attention to a doctor or a hospital’s medical procedures and practices. It helps alert other families so they can take measures to avoid the risk, while also serving as an encouragement for parents who experienced a birth injury to file a case against the negligent medical professional.

When To File a Birth Injury Lawsuit?

It’s vital to find a qualified lawyer and file a lawsuit as soon as you find out that your baby suffered a birth injury. Getting a head start on the legal process can provide you with access to financial compensation as quickly as possible. 

That said, while some injuries may manifest right away, others may take time to manifest. Fortunately, there’s a statute of limitations which is a given timeframe in which you can file a birth injury lawsuit.   

Generally, the statute of limitations for birth injury lawsuits will vary for each state. Thus, you must consult a reliable birth injury lawyer in your area to determine the best time to file the lawsuit. Typically, however, the statute of limitations for birth injury lawsuits ranges from one to three years. However, since some injuries may even take years to manifest, most states make exceptions. For instance, the statute of limitations for cases involving cerebral palsy is often longer because of the discovery rule. It means that the timeframe only starts when you learn of the injury and not when it occurs.

Takeaway

A birth injury lawsuit is a way for parents and legal guardians to seek compensation and justice for a baby whose injuries resulted from someone else’s negligence. Whether your newborn suffered from minor injuries or received severe, life-changing impairments, a lawsuit can help you get the justice you deserve.

If you believe your little one suffered an injury during childbirth, contact a qualified lawyer immediately.

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