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Victims of Birth Injuries from Medical Error Deserve Compensation for Medical Bills, Pain and Suffering

Birth injuries allegedly affect about 60,000 of the 4 million births in the US every year. Having a newborn who suffers from a birth injury can be heartbreaking for the parents. It can also be expensive. A complicated childbirth can cost more than twice that of a normal delivery. Depending on the extent of the child’s injuries and needs, a couple may also incur the costs of ongoing care.

About two-thirds of birth injuries are unavoidable, but the other third are caused by medical negligence or mistakes. The most common reason cited for birth injuries are communication errors among the birthing team, such as misunderstanding a diagnosis, giving the wrong medications or failing to inform a doctor when a fetus shows signs of distress.

Hospitals owe a certain standard of care to their patients. If a medical care provider injures or fails to prevent injury to you or your infant, you may be entitled to compensation for your medical bills, pain and suffering, and other costs associated with the injury.

Common Injuries

Many birth injuries are the result of oxygen deprivation which occurs when healthcare providers are not able to recognize problems and provide solutions in a timely manner. Some these problems can include: Preeclampsia, eclampsia, excessive medication to mother and child, shoulder displacement, trauma to the infant and mother, and umbilical cord prolapse.

Oxygen deprivation is one of the most common causes of brain injuries and can manifest itself as a condition like cerebral palsy. Cerebral palsy occurs in 1.5 to 4 children per every 1,000 births. Physical trauma to the brain during delivery can lead to this condition and even cause hearing loss in infants.

Deciding to File a Lawsuit

Injury lawsuits involving birth injuries almost always require the help of a lawyer. Therefore, your first step should be to consult with an experienced injury attorney and determine if you want him or her to be your legal representative.

Personal injury lawyers work on a contingency fee basis meaning they only charge fees after they secure a settlement or jury verdict. They finance a case at their own expense and therefore take great care in screening potential clients and evaluating the merits of the case.

Once they accept a case, they begin an investigation that includes negotiating with an insurance company, preparing pleadings, sending demand letters, and conducting discovery to help them build the case.

Lawyers at Smith LaCien LLP believe that when an injury to a newborn is caused by the birthing team, the responsible parties should be held accountable for damages, and pain and suffering. If you believe you have a case, contact us now by email or 312-815-6455