4 Birth Injuries That A Lawyer Can Help You Get Compensation For


No parent ever wants their child to be injured during childbirth. The joy parents feel when a child is born is incomprehensible because they believe something monumental is about to happen in their lives. Unfortunately, birth injuries or the death of the baby or mother may occur while giving birth. 

In truth, some of these injuries can be avoided because most of them result from negligence by medical staff. Imagine a situation you have either experienced or are familiar with, similar to the scenario mentioned. 

In that case, it is very critical that you consult and work alongside a birth injury lawyer so that the medical aspects of your case can be assessed. 

You could be eligible to file a claim that might result in a substantial settlement.

What Are The Reasons For Birth Injuries?

  • When a medical professional is careless, their negligence may cause irreversible damage to the child, mother, or both. 
  • If the clinician was not keen on identifying signs of fetal distress
  • If the patient needed an emergency cesarean section, but the medical professional failed to perform it on time or did not perform it at all
  • If the medical professional failed to use birth assistant tools effectively

If you seek legal representation, there are some birth injuries that you may be able to recover compensation for if you contact a lawyer. Here are the 4 most common birth injuries that a lawyer can help you get a settlement:

  • Hypoxia

As you may know, parents usually trust gynecologists, obstetricians, and other medical professionals through all stages of pregnancy, i.e., from the earliest stages to delivery. This period is prone to risks. Therefore, healthcare professionals must carefully monitor the unborn child’s health alongside the mother to detect serious health risks that may result in birth injuries.

In the womb or during confinement, an unborn baby may suffer from hypoxia, a condition marked by a lack of access to oxygen. This condition can cause severe damage to an unborn child’s brain if the situation is not treated. Worse still, delays in treating this condition can result in the child being disabled for life once born, leading to costs and medical bills that would have otherwise been avoided.

In truth, medical negligence or malpractice is to blame if your child or a loved one is born with hypoxia. For this reason, it would be prudent to consult and work with a professional birth injury lawyer if you suspect a birth injury involving hypoxic brain damage resulted from medical malpractice.

The lawyer will obtain relevant medical records, have the child examined by another doctor or healthcare provider, and then determine whether you have a claim against the healthcare provider at the facility.

  • Cerebral Palsy

Cerebral palsy is a condition that affects a person’s ability to maintain balance while walking. Cerebral means having to deal with the brain, while palsy means weakness. That said, this disorder is pretty common during childbirth. 

In essence, the major cause of cerebral palsy is medical malpractice, even though unavoidable circumstances may cause the condition. If medical negligence is the issue, you may want to sue the healthcare provider for damages. It is worth mentioning that medical negligence does not necessarily mean incompetence. 

Simply put, the doctor failed to do what was expected of them, so someone suffered. It takes a professional birth injury lawyer to win a lawsuit over negligence. In some instances, the doctor you are suing may want to settle the matter with you by offering you some money in exchange. If so, a professional birth injury lawyer can help you negotiate an appropriate sum.

  • Hypoxic Ischemic Encephalopathy (HIE)

HIE is perhaps the most severe birth complication that affects infants. Similar to hypoxia, the hypoxic-ischemic encephalopathy condition not only entails a lack of oxygen but also a lack of enough blood flow and brain dysfunction. According to recent research, 1.5 to 2.5 out of every 1000 births are affected by this condition in most developed countries.

 Most affected infants die after two years of age. It is devastating for parents when their child suffers from hypoxic-ischemic encephalopathy. When caring for a child with this condition, parents suffer pain and incur drastic expenses.

The pain intensifies when the condition results from negligence by medical professionals. In essence, parents are bound to feel betrayed by the healthcare providers they had entrusted with their child’s health.

  • Kernicterus

This is a type of brain injury that is commonly seen in babies. The condition occurs when the brain has a large buildup of bilirubin. Bilirubin is often produced when the liver breaks down red blood cells, and the body removes it as a waste product. It’s normal for babies to experience high bilirubin levels, also called newborn jaundice. 

Recent research shows that approximately 60% of babies have jaundice because their bodies fail to excrete bilirubin. When it comes to kernicterus, the condition is rare because it entails extremely high bilirubin levels. If a baby is experiencing kernicterus, delays can worsen the condition, so immediate treatment should be carried out to minimize bilirubin levels and prevent further damage.

 Is medical malpractice to blame? The answer is a resounding yes. As previously stated, most newborns experience some form of jaundice to some degree. These signs are well-known and treatable. 

Jaundice becomes severe in children with high bilirubin levels, resulting in death. When medical professionals notice severe signs of jaundice, they should treat it as soon as possible. Failure to do so results in negligence.

Get Help By Working With A Professional Birth Injury Lawyer

The delivery of a newborn should be one of the happiest moments of your life. However, if your child was injured or died during birth, it would be wise to consult a reliable birth injury lawyer if you suspect medical negligence led to the occurrence. In a birth injury case, failure to consult and work with a lawyer often leads to regrets, and you probably don’t want that to happen.


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