As a parent, your newborn baby’s health is a top priority. If you suspect your baby sustained an injury during the birthing process, you are probably feeling helpless and you are right to be concerned.
If you are considering filing a lawsuit in connection with your baby’s birth injury, there are a few important things you should know.
The legal process of filing a medical malpractice lawsuit is complex, sometimes taking a long time to receive compensation. However, it is possible in many cases, and you should not let these obstacles deter you from seeking justice for yourself and your family.
Medical malpractice
Pursuing a medical malpractice claim is not a simple process. First, you must identify whether your baby has an injury and whether they sustained that injury during pregnancy, the birthing process or after delivery. Sometimes, identifying and connecting the injury and alleged malpractice can be challenging. Other times, it is much easier and occasionally obvious.
Most common birth injuries
The most common injuries babies sustain during pregnancy, birth or after birth are usually of the following nature:
- Cerebral
- Fractures
- Asphyxia
- Palsy
- Brachial plexus
Was the injury unavoidable?
Another hurdle in the process of filing a birth injury lawsuit is the question of whether the injury was unavoidable. If this is the case, it is not likely to rise to the level of malpractice. However, many birth injuries are preventable with appropriate medical care.
Preventable injuries
A preventable injury could have been prevented by one of the healthcare providers responsible for monitoring you and your baby before, during and after the birthing process. Examples of preventable injuries include:
- Improper use of medical equipment
- Failure to monitor you and your baby
- Mismanagement of your or your baby’s body
- Delays in performing necessary procedures
Other situations are more complex because while they may involve certain unavoidable factors, such as a genetic condition, they could also involve malpractice if your physician failed to detect the condition and did not perform adequate treatment to minimize the injury.
Legal process
In addition, a lawsuit of this kind involves:
- Proving that medical malpractice took place
- Filing the lawsuit within the statute of limitations
- Understanding the types of compensation available to you
- Other possible factors
Filing a birth injury lawsuit is complicated but certainly understandable if your baby sustained an injury due to medical malpractice. While often complicated and lengthy, in many cases, getting justice and compensation for your baby’s birth injuries is worth it and possible.
Thinking of your child’s future and the life they will have due to the injury they sustained is complex and certainly, another factor to consider when you think of whether to file a lawsuit. Understanding the process can help you make that decision with the necessary knowledge you must have before filing.