Birth Injury Lawsuits Present Challenges

Some infants are born with “birth defects,” meaning medical conditions that have nothing to do with the conditions during the mother’s labor and delivery. Some birth injuries, however, whether as minor as a bruise or as serious as a brain injury, can be caused by medical malpractice, that is, the negligence of health care professionals to provide the accepted standard of care.  Proving medical malpractice in a birth injury case can be complex and difficult.
When you want to bring a lawsuit against your health care provider because your baby has suffered a birth injury, you will need to get the best professional advice from a personal injury attorney to prepare your case. The defendant’s attorney may argue that your child’s injury is a birth defect, not an injury. Your birth injury attorney will know how to counter such arguments. Remember, your child and your family are entitled to compensation for a birth injury: a careless error can result in the child’s requiring expensive, lifelong care.  You may be able to recover damages for healthcare and rehabilitation costs, specialized medical equipment, home care, counseling, lost wages due to caring for a disabled child, and emotional distress, pain and suffering.

In helping your attorney build your birth injury case, advises, it’s important that you keep track carefully of every medical appointment, medical records, and all medical expenses, which will help determine the amount of damages due to you.  “Compensation for birth injury lawsuits will depend on a variety of factors, including the type of birth injury, the severity of the birth injury, and the estimated past and future costs associated with the birth injury. In addition, there may be caps in your state that dictate a maximum amount of compensation allowed in medical malpractice cases.”
The definition of a birth injury is an injury caused during the actual birth of the baby. For example, the baby may become deprived of oxygen if the health care professionals do not perform a needed caesarean section. There may be issues caused by medications administered during the birth, or injuries caused during difficult deliveries when forceps are used.
Remember: every case is different, and case results depend upon a variety of factors unique to each case.  Case results in one case do not guarantee or predict a similar result in any future case.
Craig Follis has extensive experience in litigation, negotiating and settling suits, and providing legal opinions on liability and insurance coverage. You can reach him at (888) 703-0109 or via email at

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