No parent wants to hear from a doctor that their baby has been injured during birth. It’s common for parents to feel guilty. Was it their fault? Did they do something wrong during pregnancy? Didn’t they do everything right?
Sometimes parents and doctors do everything right and problems still come. But sometimes it is the fault of a doctor, midwife, or another medical professional that their baby is injured. In these cases, the courts allow parents to file birth injury lawsuits on behalf of the child.
On this page, you’ll find frequently asked questions about birth injury lawsuits. You can learn about the major types of birth injuries and what you’ll need to prove to gain compensation. Know that you must have a lawyer on your side with experience in these cases. Hospitals have strong legal teams to prevent or reduce the amount of money paid out in settlements.
The goal of a birth injury lawsuit is to get the money needed to help pay for your child’s medical expenses now and in the future for dealing with the injury. This can become quite a lot of money. Depending on the circumstances, courts may also provide punitive damages against your doctor because they were negligent or tried to cover up what they did, among other reasons.
If you believe a doctor harmed your child at birth, don’t wait. Call Chalik Law for a free consultation. The sooner you can get a lawyer on your side, the sooner you can fight for the money your child needs to get real medical care.
Category:Birth InjuryWhat Are Some Types of Palsy Resulting from Birth Injuries in Infants? Injury during the birthing process can lead to certain types of palsy including: Erb’s: A type of paralysis from injury to the arm’s upper nerves. Klumpke’s: A type of paralysis from damage to the forearm or hand. Brachial Plexus: Injury of the spinal…
Category:Birth InjuryTrauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time….
Category:Birth InjuryWrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful…
Category:Birth InjurySome common birth injuries associated with C-sections include: Facial or body cuts Fractures Spinal cord injuries In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There…
Category:Birth InjuryYou may be eligible to seek monetary compensation if your child suffers cerebral palsy during birth. We must demonstrate that another party was at fault for the mistakes that led to cerebral palsy. Liability For the Damages and Costs Cerebral palsy is among the most common birth injuries . Anyone who is at fault for…
Category:Birth InjuryYour legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case. You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries. Examples of Medical Malpractice There are many things that can lead to…
Category:Birth InjuryErb’s palsy is a condition that is caused by an injury to the brachial plexus, which consists of the nerves around the shoulder. Erb’s palsy is also referred to as brachial palsy, Erb-Duchenned paralysis or Klumpke paralysis. The condition differs from other kinds of palsy, and is marked by frailty or lack of movement in…
Category:Birth InjuryErb’s palsy can be the basis for a birth injury lawsuit. Erb’s palsy is one kind of brachial plexus palsy. It is a paralysis of the arm caused by an injury to the brachial plexus, a network of nerves in the neck that leads to nerves in the arm. Erb’s palsy causes lack of motion…
Category:Birth InjuryFirst it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families…
Category:Birth InjuryIf your child has suffered a birth injury due to the negligence of doctors or medical staff, you may be considering taking legal action to pursue fair compensation for medical expenses. Birth injuries can have a lasting impact on your child’s life and will likely require constant medical care. There are a number of important…
Category:Birth InjuryA birth injury can be devastating for the parents and have lifelong effects for the child. Many birth injuries lead to disabilities that require extensive care. In some cases, parents may wonder if a medical mistake was the cause of their child’s birth injury, but they are unsure how to proceed. Not every medical condition…
Category:Birth InjuryThere is no one single cure for Erb’s palsy. The likelihood of recovery depends on the severity of the underlying injury. Proper medical and therapeutic care may remedy the effects of the injury or lessen the long-term impact. Unfortunately, the effects may be permanent in the most severe cases of nerve damage. Common Erb’s Palsy…
Category:Birth InjuryA doctor may be responsible for Erb’s palsy in cases of medical negligence. The doctor’s error could occur during prenatal care, labor or delivery. Additionally, a failure to diagnose and begin treatment for Erb’s palsy may signal negligence. Parents may pursue compensation in a birth injury claim stemming from a doctor’s mistake. Compensation can address…
Category:Birth InjuryThe burden of proof in an Erb’s palsy case dictates that a plaintiff – in this case, the injured child’s parents – must prove his or her case based on evidence presented. Essentially, this means the victim must prove the doctor or hospital was at fault versus the doctor or hospital proving they were not…
Category:Birth InjuryA new parent with a child diagnosed with a brachial plexus injury often wants to know, “What can I expect in the first year of Erb’s palsy?” The answer depends on the severity of the underlying nerve injury. Mild injuries may “self-resolve” with the passage of time and the use of physical therapy. More serious…
Category:Birth InjuryParents of injured children often struggle with questions such as – Should I hire an attorney to pursue compensation in a birth injury claim? The answer depends on the extent and cause of the injury. An attorney can provide legal representation if a parent believes a doctor or hospital’s mistake caused a birth injury, such…
Category:Birth InjuryWhen a mother hears that her newborn baby suffered a birth injury, she is often not prepared for this news and doesn’t know much about birth injuries. So, when a mother hears the terms Erb’s palsy and shoulder dystocia used after her baby is born, she needs to understand the connections between the two birth…
