When, Why and What for Birth Injury Lawsuits

Pregnancy and childbirth are supposed to be joyous experiences, but unfortunately, they can sometimes result in birth injuries. These injuries can be devastating and can lead to lifelong physical and emotional challenges for both the child and the family.

If your pregnancy results in a birth injury accident, it is important to know that you may have legal options to seek compensation for the harm caused to you and your child. In this article, we will discuss the process of pursuing a birth injury lawsuit and some common injuries and settlements.

Common Birth Injuries

Birth injuries can be caused by a variety of factors, including medical negligence, improper use of medical instruments, and inadequate monitoring during delivery. Some common birth injuries include:

1. Cerebral Palsy: This is a condition that affects movement and posture and can be caused by brain damage during childbirth.
2. Erb’s Palsy: This is a type of nerve injury that can occur during delivery and can result in weakness or paralysis of the arm.
3. Brachial Plexus Injury: This is another type of nerve injury that can occur during delivery and can cause weakness or paralysis of the arm or hand.
4. Hypoxia: This is a condition in which the baby’s brain does not receive enough oxygen during delivery, which can lead to brain damage.

Settlements for Birth Injury Cases

The amount of compensation that you may be able to receive for a birth injury case will depend on the severity of the injury and the impact it has on the child and the family. In general, settlements for birth injury cases can range from several hundred thousand dollars to millions of dollars.

For example, a child who suffered cerebral palsy as a result of medical malpractice during delivery was awarded $10.9 million in a birth injury lawsuit in Pennsylvania. In another case, a child who suffered a brachial plexus injury during delivery was awarded $4.1 million in a birth injury lawsuit in California.

Challenges in Pursuing a Birth Injury Lawsuit

Pursuing a birth injury lawsuit can be challenging, and there are several obstacles that you may encounter. One of the biggest challenges is proving that the medical provider was negligent in their care of you and your child. This can require expert testimony and a thorough investigation of the circumstances surrounding the injury.

Another challenge is dealing with insurance companies and their lawyers. Insurance companies are often reluctant to pay large settlements, and they may try to delay or deny your claim. This is where having an experienced birth injury lawyer on your side can be invaluable.

Additionally, birth injury cases can be emotionally draining for families, as they may be dealing with the physical and emotional challenges of caring for a child with a lifelong injury. A skilled birth injury lawyer can provide compassionate support and guidance throughout the legal process.

Contact Vinkler Law Offices For Birth Injury Attorneys

If your pregnancy results in a birth injury accident, you may be able to seek compensation through a birth injury lawsuit. Common injuries include cerebral palsy, Erb’s palsy, brachial plexus injury, and hypoxia. Settlements for birth injury cases can range from several hundred thousand dollars to millions of dollars. However, pursuing a birth injury lawsuit can be challenging, and it is important to work with an experienced and compassionate birth injury lawyer to ensure that your rights are protected.