Birth Injury Malpractice Law Information That You Need

Birth Malpractice Law

If your child was born with a birth injury, one that was caused by the physician, you may be able to receive a settlement for what has occurred. This would be categorized under a malpractice lawsuit, allowing you to pursue the help of a malpractice lawyer or law firm that would be able to represent your case. Each state has different laws, and you will want to work with a lawyer that has a background in this. It will make it possible for you to have your case represented before a judge, or at the very least, reach a settlement with the hospital where the injury has occurred.

What Constitutes A Birth Injury?

A birth injury is something that will occur to a child which will debilitate them, a problem that may become a lifelong issue. It could be cerebral palsy, brain swelling, hemorrhaging, or even skull fractures. There could be nerve damage which will make them incapable of functioning normally, perhaps affecting motor function. Of course, they can also have brain damage as a result of hypoxia which may result in strangulation or in umbilical cord compression, all of which can be caused by the doctor.

Obtaining The Right Legal Help

The very first thing you need to do is locate a malpractice attorney that understands how to represent these cases. You will likely be able to find a law firm that specializes in this area. If it is a large law firm, they probably have a multitude of different lawyers on staff, some of which are experts with malpractice cases. They will be able to direct you to one or two of their lawyers that specialize in this area, and you can retain one of them to help you out.

Is It Something You Can Always Win?

It really depends on the evidence that is available. If the doctor can show through sonograms, x-rays, or any other type of evidence that this was something that was part of the birth itself, and not because of their wrongdoing, you will not be able to get any type of settlement at all. However, if it is presented as a problem that occurred during birth, and was not present prior to that moment, you will likely be able to win this case. It could take months, or even years, to resolve this issue. Hospitals and physicians are not simply going to agree that they have made a mistake. It must be proven, but if it does get too expensive for them, they may end up settling out of court.

You absolutely need an attorney when you are facing a malpractice lawsuit which is a good reason to review the info on If your child was born with any of the problems that were mentioned, it’s definitely time to give one of these attorneys a call. They will be able to look at your situation and quickly ascertain whether they have a chance to represent your case in a successful manner. Once done, you will quickly understand whether they have the ability to do this, and if they are confident about their position, you will likely win your case.