Birth Injury Lawyer
Statistics show that birth injuries are quite uncommon in the U.S. In fact, the vast majority of U.S. deliveries occur without complications or the need for intervention. However, 6-8 of every 1,000 infants born in the U.S. suffer some kind of a birth injury. This .06% to .08% birth injury rate translates to somewhere around 3,200 babies born each year with a birth injury.
Most Common Birth Injuries
The most common U.S. birth injuries consist of the following:
- Brachial plexus injury
- Hypoxic Ischemic Encephalopathy (HIE)
- Broken bones
- Cephalohematoma
- Caput Succedaneum
- Intracranial hemorrhage
- Subconjunctival hemorrhage
- Spinal cord injuries
- Cerebral Palsy
Medical Malpractice
Most birth injuries could have been prevented. The fact that they weren’t strongly implies that a medical professional failed to give the mother or child the quality of care required.
If your child is one of the unfortunate few who suffered an injury immediately before, during, or immediately after his or her birth, you may well have a valid medical malpractice claim against the doctors, nurses and other members of the health care team. You may be able to sue the hospital in addition to these individuals, as a skilled birth injury lawyer can tell you, such as one from Ward & Ward Law Firm. Your best interests, and those of your child, dictate that you consult with an experienced local birth injury lawyer as soon as possible after the birth injury becomes apparent.
Elements of Medical Malpractice Proof
Each state has its own medical malpractice laws, but, in general, you will need to prove the following in order to win your suit:
- Each defendant owed a professional duty of care to you and your child.
- Each defendant somehow breached this duty.
- Your child suffered an injury because of this breach.
- The breach was the proximate, i.e., main or immediate, cause of your child’s injury.
- Your child (and you) sustained compensable economic and non-economic damages as a result of the injury.
Various Duties of Care
Keep in mind that the duty of care owed by each member of the health care team is different. For instance, your OB/GYN’s duty of care is different from the one owed by a nurse or a lab technician or a pharmacist who negligently filled a prescription.
These various care duties become highly important when you and your lawyer choose the expert witnesses who will testify on your behalf. Each expert will need to “match up” with one of the defendants in terms of education, background, area of medical practice and level of experience. If your child has suffered a life-changing birth injury, contact a trusted birth injury lawyer so they can assist you with filing a claim.