Gathering and analyzing medical records and evidence. Consulting with medical experts and witnesses and calculating the present and future costs of your child’s care. Negotiating with insurance companies and health care providers filing and litigating your claim in court. Seeking the maximum compensation available for your case.
A birth injury attorney will also provide you with compassionate and personalized legal advice throughout your case. They will listen to your story, answer your questions, and keep you informed of the progress of your case.
Birth Injury Attorney
Finding a good birth injury attorney can make a difference in the outcome of your case. You should look for an attorney who has:
- A proven track record of success in birth injury cases
- A medical malpractice background with experience in birth injuries
- A strong reputation and positive reviews from past clients
- A contingency fee arrangement that means you only pay if they win your case
- A free consultation offer that allows you to discuss your case without any obligation
You can start your search by asking for referrals from friends, family, or other lawyers. You can also use online directories or websites that list and rate birth injury attorneys near you.
You should contact several attorneys and compare their qualifications, fees, and services before making a decision.
What to Expect from a Birth Injury Attorney?
Once you hire a birth injury attorney, they will take over the legal aspects of your case and work hard to achieve the best possible outcome for you and your child. Here are some of the steps that a birth injury attorney will take on your behalf:
- Investigate your case and determine the cause and extent of your child’s injury
- Identify the liable parties and their insurance policies
- File a notice of claim or a lawsuit within the statute of limitations
- Gather and present evidence to prove negligence and damages
- Negotiate a fair settlement with the insurance company or the health care provider
- Take your case to trial if necessary and advocate for your rights before a judge or jury
Some Common Causes of Birth Injuries
Medical negligence or errors
During pregnancy, labor, delivery, or postnatal care. This can include failure to monitor the baby’s vital signs, improper use of forceps or vacuum, delayed or unnecessary cesarean section, medication errors, and infection control.
The Baby’s size or position
During labor and delivery. Large babies (over 8 pounds and 13 ounces), premature babies (born before 37 weeks), and babies in abnormal presentations (such as breech or transverse) are more likely to suffer birth injuries due to the difficulty of passing through the birth canal.
The Mother’s Pelvis Shape Or Size
A mother with a small or narrow pelvis may have trouble delivering the baby vaginally, which can increase the risk of birth injuries. This condition is called cephalopelvic disproportion.
Difficult Or Prolonged Labor
A long or complicated labor can cause stress and distress to both the mother and the baby, which can lead to birth injuries. Some factors that can contribute to difficult labor are dystocia (abnormal uterine contractions), maternal obesity, maternal infection, fetal distress, and umbilical cord problems.
Birth injuries can affect different parts of the baby’s body, such as the brain, the nerves, the bones, the skin, and the eyes. Some of the common types of birth injuries include cerebral palsy, Erb’s palsy, hypoxic ischemic encephalopathy, caput succedaneum, and subconjunctival hemorrhage.
How Can We Prevent From Birth Injuries?
Birth injuries are harmful to both the baby and the mother, and can have lasting consequences. However, there are some ways to prevent or reduce the risk of birth injuries, such as:
Providing proper prenatal care
This includes regular check-ups, tests, and screenings to monitor the health of the mother and the baby. Prenatal care can help detect and manage any complications or conditions that may affect the pregnancy or the delivery, such as gestational diabetes, preeclampsia, infections, intrauterine growth restriction, breech position, and umbilical cord problems.
Detecting and addressing signs of fetal distress
Fetal distress is a term that describes when the baby is not getting enough oxygen or blood flow. This can happen during pregnancy or during labor and delivery.
Fetal distress can cause serious birth injuries, such as hypoxic-ischemic encephalopathy (HIE), cerebral palsy (CP), and brain damage. Signs of fetal distress include abnormal fetal heart rate, decreased fetal movement, abnormal amniotic fluid volume, vaginal bleeding, cramping, and insufficient or excessive maternal weight gain.
If any of these signs are present, medical professionals should intervene promptly and appropriately to ensure the safety of the baby.
Using appropriate delivery methods and techniques
Depending on the circumstances of the pregnancy and the labor, different delivery methods and techniques may be more suitable and safer for the mother and the baby. For example, some babies may need to be delivered by cesarean section (C-section) if they are too large, premature, or in an abnormal position.
Some babies may need assistance from forceps or vacuum extraction if they are stuck in the birth canal or have a low heart rate. However, these methods should only be used when necessary and with caution, as they can also cause birth injuries if used incorrectly or excessively.
Strengthening the pelvic muscles
The pelvic muscles support the uterus, bladder, and bowel, and play an important role in childbirth. Strengthening these muscles can help prevent or reduce some types of birth injuries to the mother, such as perineal tears, urinary incontinence, and pelvic organ prolapse.
Pelvic floor exercises (also known as Kegel exercises) are one way to strengthen the pelvic muscles. These exercises involve contracting and relaxing the muscles that control urination and bowel movements. They can be done anytime and anywhere during pregnancy and after delivery.
These are some of the ways to prevent birth injuries. However, it is important to remember that not all birth injuries are preventable, and some may occur due to factors beyond anyone’s control.
If you or your child has suffered a birth injury due to medical negligence or errors, you may want to consult a birth injury attorney who can help you pursue justice and compensation for your harm.