The birth of a child is typically one of the most joyous occasions in a parent’s life. Unfortunately, this joyous occasion can be ruined by birth injuries.
Below, the experienced medical malpractice attorneys at Sullivan Papain discuss what to do if you believe your child’s birth injury resulted from medical malpractice.
What Is a Birth Injury Lawsuit?
A birth injury lawsuit is a legal claim filed by parents or guardians on behalf of a child who was injured during pregnancy, labor, or delivery due to the negligence of medical professionals. These lawsuits aim to secure compensation to cover medical expenses, rehabilitation costs, pain and suffering, and future care needs for the injured child.
Birth injuries can result from various forms of medical malpractice, including but not limited to:
- Failure to monitor the baby or mother’s health during labor
- Improper use of delivery instruments like forceps or vacuum extractors
- Delayed C-section when complications arise
- Failure to address fetal distress
- Medication errors during pregnancy or delivery
Common Types of Birth Injuries in Medical Malpractice Cases
Birth injuries that may give rise to a lawsuit often include:
- Cerebral Palsy: Often caused by oxygen deprivation during labor or delivery.
- Brachial Plexus Injuries: Damage to the nerves controlling the arm and hand, commonly caused by excessive pulling during delivery.
- Brain Injuries: Resulting from improper use of delivery instruments or failure to address fetal distress.
- Fractures: Often involving the clavicle or skull due to mishandling during delivery.
- Infections: That could have been prevented or treated during pregnancy.
These injuries can result in lifelong complications, requiring extensive medical care, physical therapy, and specialized equipment.
What to Expect From Birth Injury Lawsuit Settlements
Many birth injury lawsuits are resolved through settlements rather than going to trial. Birth injury lawsuit settlements provide financial compensation to families without the time, expense, and uncertainty of a court trial. Settlement amounts can vary widely depending on the severity of the injury, the level of negligence, and the projected costs of long-term care.
Factors That Influence Settlement Amounts:
- Severity of the Injury: Permanent disabilities like cerebral palsy or brain damage typically result in higher settlements.
- Future Care Needs: The costs of ongoing medical care, therapy, and assistive devices are factored into the settlement.
- Loss of Earning Capacity: If the injury affects the child’s ability to work in the future, this may be included in the compensation.
- Emotional and Psychological Impact: Pain and suffering experienced by both the child and the parents are considered.
An experienced birth injury lawyer will work to secure a settlement that fully accounts for the long-term impact of the injury on your family.
Why You Need an Experienced Birth Injury Lawyer
Pursuing a birth injury lawsuit requires legal expertise, as these cases are complex and often involve medical experts to establish negligence and causation. A qualified attorney can:
- Investigate your claim thoroughly
- Gather evidence and medical records
- Consult with medical experts
- Negotiate on your behalf for a fair settlement
- Represent you in court if a settlement cannot be reached
At Sullivan Papain, we understand the heartbreak and challenges that come with a birth injury caused by medical negligence. Our experienced attorneys are committed to fighting for justice and securing the compensation your family deserves.
If you believe you have the basis for a birth injury lawsuit, contact Sullivan Papain today for a free consultation. Let us help you hold negligent medical professionals accountable and secure a better future for your child.
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey.
To learn more about our firm or schedule a consultation with an attorney, contact us today.