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When Should I File a Birth Injury Claim?

 Understanding Your Rights If You Suspect Your Child Suffered a Birth Injury

Birth injuries are one of the most devastating forms of medical negligence that exists. However, it can be difficult to discern whether you have a valid claim for damages based on an injury that occurred during the labor and delivery process or as part of inadequate prenatal care.

At The Beasley Firm, we have over sixty years of experience fighting for birth injury victims and their families to receive the maximum compensation allowed by law. We work tirelessly to ensure that your child gets the most money possible so that they can receive a lifetime of the highest quality medical care. 

If you believe that your child suffered a birth injury, contact our office. 

What Qualifies as a Birth Injury?

A birth injury occurs as a result of trauma immediately before, during, or after birth. Birth injuries that are caused by medical negligence, such as a doctor’s failure to diagnose fetal distress or improper use of forceps, may result in liability. 

In birth injury claims, any doctor, hospital, or other medical providers that failed to provide an adequate standard of care may potentially be held liable. The best way to determine whether you have a birth injury claim is to consult with an attorney. 

birth injury attorney can work with a team of medical experts to determine if it was a health care provider’s negligence that caused harm to your child.

Is a Birth Defect Different from a Birth Injury?

Many people confuse the terms birth defect and birth injury, but they are distinct medical conditions. A birth defect or congenital disability occurs while an infant is developing in the womb. Birth defects can be a result of genetics or environmental circumstances and may cause chromosomal abnormalities.

On the other hand, birth injuries occur during the labor and delivery process. Some birth injuries are preventable, caused by negligence or a failure to provide adequate medical care and treatment. When a birth injury is preventable, the family might be entitled to compensation.

What Causes Birth Injuries?

The cause of a birth injury may not be discoverable without an independent investigation by a team of medical experts.

Common causes of birth injuries include:

  • Failure to order an emergency cesarean
  • Failure to monitor for fetal distress
  • Improper use of forceps or vacuum extraction
  • Failure to treat maternal illnesses or infections
  • Use of excessive force during delivery
  • Failure to recognize placental abruption
  • Administration of too much Pitocin or other medication errors

Prolonged, difficult labors result in a number of birth injuries. These injuries could likely be avoided by a doctor recognizing fetal stress and ordering the appropriate treatment. If you had a difficult labor and your child was subsequently diagnosed with a birth injury, you might be entitled to compensation. 

How Do I Know If I Have a Case?

Not all trauma that occurs during the labor and delivery process is preventable, but if it was then, you might have a birth injury claim. A successful birth injury claim may result in damages to help with your child’s medical care.

Birth injuries that may result in liability include:

  • Cerebral palsy
  • Brachial plexus injuries
  • Skull or collarbone fractures
  • Facial paralysis
  • Hypoxic-ischemic encephalopathy
  • Perinatal asphyxia
  • Hemorrhages

If your child is diagnosed with a birth injury or suffers from developmental delays that you believe may be the result of medical negligence, contact our office to discuss your legal options. Our legal team can help determine whether you have a valid birth injury claim and should pursue damages against a negligent medical provider.

Will I Receive Damages?

The best way to determine whether you will receive damages for your birth injury claim is to consult with an experienced attorney. An attorney will be able to determine who should be held liable for your child’s injuries and the likelihood that your lawsuit would succeed in court.

Damages in a birth injury claim may include compensation for:

  • Medical bills and expenses
  • Future treatment and care
  • Assisted living and in-home care
  • Future loss of income
  • Pain and suffering

Without the help of an attorney, you may not receive the compensation you are entitled to based on your child’s injuries. In a birth injury claim, the damages are designed to ensure that your child receives the medical care and treatment that they need throughout their lifetime. 

Compensation for future treatment may cover rehabilitation, physical therapy, special education needs, occupational therapy, and more.

What If I Cannot Afford an Attorney?

Birth injury claims are generally accepted on a contingency fee basis, meaning that you pay nothing unless the attorney wins your case. There is no out-of-pocket expense to retain an attorney for these kinds of cases. 

Did Your Child Suffer Trauma During Labor or Delivery? Contact Our Office for a Free Consultation!

If your child was injured during the labor or delivery process, contact our office at for a free, no-obligation consultation. 

Our birth injury team will help guide you through the legal process and get you the resources you need to determine how to move forward with your case. We have obtained over $2 billion in verdicts and settlements for our clients. Call our office now to get started.

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