Vital Information about Birth Injury Attorneys

A birth injury is quite simply a damage sustained during the birthing process. Most usually, birth injuries occur during the transit through the birth canal. In very rare cases, nerves can be damaged or bones can be broken. Whatever the case is, you will most probably require the expertise of a birth injury attorney. But first, a little more important information about birth injuries.

Types Of Birth Injury

In a 2006 study on Expanded Health Data From the New Birth Certificate, it was shown that a total of 2,073,368 births involved a birth injury. The study included 19 states. Among the injuries, significant ones reported by the National Vital Statistics Reports for the Center for Disease Control were skeletal fractures, soft tissue/solid organ hemorrhage, and peripheral nerve damage. In addition to these injuries, there were another 10 which were most common:

  • Brachial Plexus Injuries (BPI) – damage to the bundle of nerves that originate from the upper spine and go through the neck, shoulder, arm, and hand. Damage to these nerves can result in mild and temporary disability or a permanent one (10% of the cases).
  • Bone Fractures – Results from a complicated or difficult delivery.
    Caput Succedaneum
    Perinatal Asphyxia
  • Intracranial Hemorrhage/Subarachnoid Hemorrhage – Includes bleeding in the skull.
  • Subconjunctival Hemorrhage – Bursting of a blood vessel in the eye.
  • Facial Paralysis – Can be temporal or permanent.
  • Spinal Cord Injuries – These are the most severe cases and cause paralysis and neurologic problems.
  • Cerebral Palsy – Approximately 2 or 3 in 1000 children have cerebral palsy, which is known for its muscle spasms, weak muscles, and lack of development with motor skills.

Causes Of Birth Injuries

Birth injuries can be caused by negligent medical staff or by unexpected medical equipment failure. In such cases, a combination of factors might have come into play that ended up with your child’s injury. Birth injury attorneys specialize in investigating such cases, and can help you get reimbursement for the damages caused.

Birth Injury Cases

If your child has suffered a birth injury, you might be able to take legal action to hold responsible parties accountable for the damages caused. The process starts with the gathering of the medical records and the consulting with a medical specialist and birth injury attorneys. If the injuries and negligence are found to be apparent, then a notice of claim is filed. That is when the active litigation begins.

The next stage of the process is also the longest and is called the “discovery” phase. This is where both sides exchange documents, answer written questionnaires and oral questions. There is also a possibility for mediation depending on state statutes. If the mediation fails, a pretrial settlement hearing is held. If even then the case is not resolved, a trial is scheduled.

The compensations that you can expect from birth injury lawsuits will depend on numerous factors such as the type of birth injury, its severity, and the estimated past and future costs associated with the particular type of birth injury.

In General, When Your Case Is Won, You Can Expect Compensation For:

  • Medical costs including past and future
  • Physical therapy and rehabilitation expenses
  • Costs associated with in-home are, special education, and therapy
  • Specialized equipment which can include wheelchairs, braces, etc.

Birth Injury Lawsuits In Florida

If you believe that your child suffered a birth injury caused by negligence of the medical staff or any other reason, share your story with us. Our birth injury attorneys in Florida have years of experience dealing with such issues and will help you get justice.

Fenstersheib Law Group, P.A.

The Lawyers at Fenstersheib Law Group, P.A. provide
personalized legal representation for personal injury cases.

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