What You Need to Know About Childbirth-Injury Cases

What You Need to Know About Childbirth-Injury Cases


Having a baby is supposed to be a joyous occasion, but when mistakes threaten the well-being of you or your child, you may have cause to initiate a childbirth-injury case. The team at Stanley Law is there for you to help you learn more about birth injuries, pinpoint the root of any possible medical negligence and explore your options, so you feel empowered to make the choice that’s right for you.

Types Of Birth Injuries

Bringing a baby into the world is a long and complicated process and sometimes trauma is unavoidable. Other times, though, medical professionals make errors that fall under the umbrella of medical malpractice. The resulting injuries can be relatively minor, such as a cut or contusion, or incredibly serious. Failure to properly monitor a laboring mother’s blood pressure, improper sterilization techniques or failing to deliver a baby that’s clearly in distress are all acts that can result in a wide range of acute and chronic issues in either the mother or the child, including:

  • Hemorrhages
  • Infection
  • Fractures
  • Cephalohematoma
  • Stroke
  • Hypoxic-ischemic encephalopathy
  • Erb’s Palsy
  • Seizure
  • Brain injury, such as cerebral palsy

How To Know If You Have A Case

Not all birth injuries call for a lawsuit, even if there’s a clear medical problem related to delivery. For malpractice to be considered, there must be evidence that your health care provider fell short, of the widely accepted standard of care, by either failing to take action or by taking inappropriate action. The injuries must also be determined to have been avoidable, meaning they’re not the result of reasonable measures taken to save the mother or baby’s life.

In short, doctors, nurses, midwives, physician assistants, and other health care personnel have a duty of care. If that duty is breached and an injury occurs, there are legal ways to hold the offending parties accountable.

Types Of Damages In A Childbirth Injury Case

Dealing with a birth injury isn’t only physically difficult, it also comes with a significant emotional and mental burden. Add to that ongoing economic strain and there are plenty of reasons to file a lawsuit in pursuit of financial compensation. Your lawyer may seek damages in an amount designed to cover:

  • Lost wages (past, current and/or future)
  • Pain and suffering
  • Emotional distress
  • Medical expenses
  • Ongoing costs of therapy and counseling
  • At-home medical equipment and other expenses associated with long-term care
  • Loss of companionship

The exact amount of compensation depends on several factors, such as the type of injury, how severe that injury is, you or your baby’s long-term prognosis, and the estimated total of projected medical costs. There may also be legal caps in place to limit a physician or medical facility’s liability. Parents may bring a lawsuit on their own behalf as well as on behalf of their infant, seeking damages for all parties affected by the injury. Your lawyer will walk you through each step so you know what to expect.

The Importance Of A Stellar Legal Team

Birth injury lawsuits are complex. Emotions are often running high, and then there’s the seemingly endless onslaught of questions and a towering mountain of paperwork. When you hire a lawyer who specializes in birth injuries, you’re not only receiving support and knowledge but also the assistance of an entire team that’s ready to see to everything, from witness interviews to third-party record reviews. Don’t go it alone, because you never know what’s just around the corner. Give yourself and your child the best chance toward a fair and just result.

When It Comes To Birth Injuries, Joe Knows

Whether you’re stuck with a handful of medical bills for X-rays and an ice pack or facing years of rehabilitation and advanced health care interventions, you may have grounds for a birth-injury lawsuit. It takes true grit to win a case and we’ll leave no stone unturned. For more information or to schedule a consultation, contact us online or call Stanley Law offices at (800) 608-3333. Our team works to get you the MAXIMUM AWARD you deserve.