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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.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.