When You Can Sue For A Birth Injury

13 August 2017
 Categories: , Blog


If you have suffered an injury as a result of a medical malpractice case, you will need to prove that your injury was the result of negligence if you would like to receive compensation for the injury. The medical practitioner will need to have behaved in an unreasonable manner. 

Experts Weigh In

The facts of the case will need to be reviewed by a birth injury lawyer and by medical experts. By examining the facts of the case, the birth injury lawyer can determine if there were any red flags that can indicate that there was negligence. 

Common Birth Injuries

The injury may be something that you suffer or it may be an injury that is suffered by your child. For example, cerebral palsy is often the result of the incorrect use of forceps or a vacuum extractor when a child is being delivered. If your child suffers brain damage, this may be the result of a mistake that leads to your child being deprived of oxygen during the delivery. 

A mistake may impact you as well. For instance, a c-section might be performed when one is not required. You may not have pre-eclampsia diagnosed. Pre-eclampsia is a disorder that can lead to very high blood pressure and can lead to a lot of protein in the urine. You may suffer from seizures.

When A Lawsuit Is Merited

In order to sue for birth injury, there must be a duty to the patient. There must be an established doctor-patient relationship. For instance, you cannot sue a doctor who fails to deliver a baby for you. There is a standard of care that is considered acceptable. If this standard of care is breached, you will then have a case to sue for damages. Then, the breach of duty must lead to damages that can be proven. Because the judge may not be familiar with the specific medical condition that you or your child suffered from, it is, therefore, necessary for a medical expert to explain the nature of your injury and what a reasonable doctor would have done. 

Another advantage of hiring birth injury lawyers is that you may have medical bills that you must pay for, but cannot afford yet. If a birth injury lawyer believes that you have a case, he or she may pay for your medical bills and will then take a portion of your settlement for reimbursement.