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Bringing a child into the world is one of the most important and joyous experiences. Seeing your newborn for the first time is a very special moment in the lives of many parents. Unfortunately, there are incidents where something may go wrong during the birthing process all because of the doctor or medical staff’s error.
At Morgan & Morgan, our Bowling Green attorneys realize that birth injuries not only have physical and emotional consequences, but also place a financial strain on the child’s family. When a birth injury is caused by the negligence of a doctor or another healthcare provider, the family may be able to recover compensation for those costs through a birth injury lawsuit.
Our birth injury attorneys have seen families struggle with the costs of providing physical therapy, special schooling and other care needed for their children. Hospitalization for birth defects alone costs the U.S. over $2.6 billion annually, according to the Center for Disease Control.
With many years of experience handling birth injury claims, our birth injury lawyers can examine your unique situation carefully and deduce whether your doctor took proper care during delivery and the amount of damages that may be owed for your losses. Was your child injured at birth? If so, our Bowling Green birth injury lawyers will be able to file a claim against the medical professional who delivered your child.
To find out if you may be able to receive compensation, fill out our free case evaluation form to contact us today.
Birth Injury Lawsuits & Medical Negligence
When an infant suffers a birth injury, the child’s parents may be able to file a medical malpractice lawsuit against the doctor or medical professional(s) who delivered the baby.
To have a valid claim, negligence must have led directly to the birth injury. Medical negligence occurs when a healthcare professional’s performance falls below the standard of care expected in the medical community. Our birth injury attorneys have extensive experience in handling these types of lawsuits and can determine whether your child was injured due to medical malpractice.
A few birth injuries that are caused by medical negligence are:
- Failing to perform sufficient prenatal testing;
- Failing to properly use the labor-inducing drug Pitocin;
- Neglecting to communicate problems to doctors;
- Failing to diagnose or treat infections;
- Failing to note and address changes in the fetus’ condition;
- Neglecting to refer high-risk patients to doctors specialized in this area; and
- Neglecting to perform specialized tests during pregnancy.
How Do I Know If My Child Was Injured Due To Medical Malpractice?
It is important to contact an attorney that specializes in this area of law because birth injuries can be caused by a number of different factors. At Morgan & Morgan, our Bowling Green birth injury lawyers can examine your medical records, diagnostic tests, electronic fetal monitor strips, use of birthing tools, labor, and delivery flow sheets, and additional notes on the pregnancy and delivery. Our attorneys will also work alongside medical experts when reviewing this information to determine whether medical malpractice may have partially, or completely, caused your child’s injury. If the expert believes that the doctor failed to meet the standard of care when delivering your child, a birth injury lawsuit may be viable.
Types of Birth Injuries
Our Bowling Green attorneys are available to review claims involving the following types of birth injuries:
- Cerebral palsy;
- Clavicle fracture;
- Facial paralysis;
- Brain damage or head trauma;
- Brachial plexus;
- Torticollis (wry neck);
- Erb’s palsy;
- Klumpke’s palsy; and
- Injuries resulting from Hypoxic Ischemic Encephalopathy (HIE).
What Can I Recover in a Birth Injury Claim?
When a child suffers a severe birth injury as a result of medical negligence, the family may be entitled to monetary damages. Damages provide compensation for losses suffered as a result of the medical provider’s negligence. Damages can cover both monetary losses and intangible losses, such as a decreased quality of life. Compensation for the following may be available in a birth injury lawsuit:
- Loss of earning capacity;
- Loss of life’s enjoyment;
- Past and future medical expenses;
- Pain and suffering; and
- Additional healthcare costs (e.g., counseling, occupational therapy, in-home care, special vehicles or equipment, home modifications).
If your child was injured at birth due to a doctor’s negligence, you may be able to file a birth injury claim.
To see how our Bowling Green birth injury attorneys could help your family, fill out our free case evaluation form today.