Birth Injury FAQ
Answering Your Most Pressing Questions About Birth Injuries
Parents who have found out that their child was born with a birth injury or suffered one shortly after delivery understandably have a lot of questions. We hope that this quick list of frequently asked questions from our birth injury attorneys of Fieger Law help provide some answers and clarity. If you have more questions about birth injuries and related lawsuits, then please call us at (800) 294-6637 and see how we can help. Our lawyers represent clients nationwide.
What is the Difference Between a Birth Injury and a Birth Defect?
Insurance companies representing medical practitioners and hospital groups
accused of causing a birth injury often try to challenge plaintiffs by
saying that a birth injury is actually a birth defect. What is the difference,
and why would it matter? A birth defect is an issue or uncommon trait
that a baby is born with due to a genetic predisposition or a health complication
that the child’s mother contributed to while pregnant. A birth injury
is a health issue caused by a medical provider’s mistakes, like
failing to recognize the signs of fetal distress. To this end, birth defects
can be argued as “unpreventable” and birth injuries are often
considered “preventable,” even though they might manifest
as similar symptoms.
What are the Most Common Types of Birth Injuries?
It is estimated that 1 child out of every 200 born in the United States
will suffer a birth injury of some degree, not a birth defect. Many of
these cases are mild injuries that can heal with proper treatment, but
that does not mean that the injury is any less traumatic for both the
parents and the child. Some of the most common birth injuries are shoulder
dystocia, umbilical cord entanglement, facial bruising, and
placental abruption. Of the more serious birth injuries,
cerebral palsy and other complications caused by oxygen deprivation are among the most common.
How Do I Know If the Physician Caused the Birth Injury?
Knowing if a doctor, nurse, or midwife caused your child’s birth
injury is rarely straightforward. There might be some cases in which you
can point directly to an obvious mistake, but, in most situations, the
evidence of
medical malpractice is buried or intentionally hidden. To uncover evidence that shows a physician’s
involvement in causing a birth injury, you may need to subpoena a doctor
or medical group to share private or confidential documents. Handling
a birth injury investigation on your own can be predictably difficult
and stressful. You can take those responsibilities off your shoulders
by hiring a birth injury attorney who can act on your behalf.
Will My Child Heal from Their Birth Injury?
Not all birth injuries are permanent. With immediate treatments and specialized
therapies, some birth injury can be cured with time. For example, if your
child suffered shoulder dystocia that limits the movement of the affected
arm, physical therapy sessions with a specialized pediatrician could gradually
heal the injury and restore mobility. Severe birth injuries might not
heal, though. Most
brain injuries are permanent, regardless of when they are suffered. If your child is
born with a permanent birth injury, then your birth injury claim should
factor in the consequent lifelong hardships and expenses, which could
mean your damages range into seven figures.
When Should I Talk to an Attorney?
Choosing to let a birth injury lawyer manage your claim sooner is usually
better than waiting until later. With an attorney representing you from
the start, you can focus on taking care of your child and yourself while
they get to work with all of the complicated details associated with a
case. Look for a law firm that offers a 100% free consultation, like Fieger
Law, that way you can explore your legal options without needing to first
check your bank account to see if you can afford legal help. At Fieger
Law, we also offer contingency fee agreements, which means you don’t
pay any attorney fees unless we win your case, ending it with a successful
settlement or verdict.
