Nothing is more heartbreaking than the pain and suffering of a child. It is regrettable that some newborns face an impossible battle against disease or genetics, never getting the opportunity for a full life. However, it is even more regrettable that some newborns will have their futures jeopardized due to the preventable negligent acts of doctors. A significant number of children are born each year with birth injuries, many of which could have been avoided.
Failure to follow standard treatment procedures can lead to a number of serious infant related injuries. A newborn is practically helpless and requires the care, expertise and safety of a trained physician. We, here at The Law Offices of W.T. Johnson have helped countless families in birthing personal injury claims and are ready to help you as well. Compensation is owed to the child who sustained a birth injury due to a health care provider’s negligence. If you are wondering whether you have a case, please read on.
Frequently Asked Questions
1. Is there a difference between a birth injury and a birth defect?
Generally, birth injuries are caused during the birthing process itself. Birth defects on the other hand involve disorders or diseases that develop when the mother is still carrying the baby and are usually related to genetic conditions or caused by something that happened before or during the pregnancy (such as smoking during the pregnancy).
2. Can I file an injury claim for my newborn’s birth injury or defect?
This depends on the specific circumstances that led to your baby developing a birth defect or sustaining a birth injury. If the defect or injury could have been prevented if the doctor had taken the necessary precautions or actions during your pregnancy or child delivery, or the injury was caused by a mistake that was made during delivery, you may be able to file a medical malpractice injury claim against the responsible health care provider or hospital. Some birth defects or injuries just cannot be prevented however. To determine whether your child’s injury or defect was avoidable, it is advisable to hire an attorney who has experience with handling birth injury cases. They can help you investigate if the defect or injury was actually caused by a health care provider’s negligence.
3. What is medical malpractice?
Medical malpractice occurs when a health care provider (such as a doctor, nurse, hospital worker) fails to provide treatment according to a reasonable standard of care and an injury is sustained because of the health care provider’s negligence. A birth injury that is caused by a doctor’s negligence is an example of medical malpractice and can be grounds for a medical malpractice case.
4. Who will receive the money that is retrieved in a successful birth injury case?
If your child sustained a birth injury due to health care provider negligence, the compensation that is retrieved will usually go to the child. Sometimes the money will be put into a trust for them. In some cases parents may also be able to recover compensation for emotional trauma that they sustained.
5. Do I need a lawyer if I believe my newborn has sustained a birth injury due to malpractice?
If you think that your newborn has sustained a birth injury as a result of health care provider negligence, you should consult with an attorney who can help determine your legal options. To find out whether a mistake was made during your pregnancy or child delivery, it is important that an investigation is performed as soon as possible. Based on the result of this investigation, an attorney will be able to advise you whether you have grounds for a medical malpractice case or not. Birth injury cases are very complex, which is why they are almost impossible to prove without the help of an experienced birth injury attorney.
6. Will I need to go to court?
Most medical malpractice cases are settled out of court. In many cases a large settlement won’t be offered until the last moment, which is why it important to hire an attorney with litigation experience. If the defense knows that you will take the matter to court if a fair settlement is not offered, they are more likely to offer a large settlement to avoid trial.
Birth Injury Personal Injury Claims
If the injury that befell your child was preventable, our legal team will uncover the truth and expose the negligent acts that lead up to the accident. We will exhaust every resource we have to determine who is at fault and what could have been done. We review monitoring procedures, videotape footage, hospital records and will speak with any and all nursing and hospital staff we can. Determining the cause of a birth injury can be complex, but we will take any necessary action to find out what caused your child’s injury.
The attorneys at The Law Offices of W.T. Johnson have helped clients in a wide range of birthing related injuries including:
•High blood pressure
•Brachial plexus injury
Before a medical malpractice suit can be filed, a preliminary investigation must first find evidence of negligence. We make sure to take care of all necessary paperwork and documentation in our efforts to expose negligence to the court. We prepare every case to go to trial, though a settlement may still be reached.
Birth Injury Costs
Many birthing injuries involve oxygen deprivation, which leads to brain damage and disability later on in life. Caring for a mentally or physically disabled child can be a difficult and costly. In addition to working toward fair compensation, our team will also help you to plan for and secure financial security for your child’s future.
Contact The Law Offices of W.T Johnson
The personal injury attorneys at The Law Offices of W.T Johnson have the experience and legal knowledge that is needed to investigate and – in case malpractice is determined – get you and your child compensated for all the losses caused by your child’s birth injury.
If you’ve been the victim of birthing injury malpractice, and want to know what your rights are, call or contact us today at (214) 231-0544. We will fight for the compensation you deserve.