The Basics of a Birth Injury Claim


BirthWhile most deliveries go as planned without issues, some deliveries go awry and can come with various complications, potentially resulting in permanent consequences. It is estimated that five babies for every 1,000 babies born in the United States suffer from a birth injury. In the event that a baby has been injured because of a birth injury that could’ve been avoided, the parents can sue for damages.

Establishing Birth Injury Liability

It’s difficult to determine whether a delivery complication caused the birth injury, or if the baby was born with a birth defect. Majority of birth defects is actually unpreventable and unavoidable, but some may be a result of the mother’s substance abuse or chemical exposure during pregnancy. It is estimated that 7% of infants born have some type of birth defect, ranging from minor to severely life-changing. Likewise, although some birth defects can be present or detected before birth, birth injuries are not.

You will have to prove that your doctor, or other health care professionals, caused the birth injury, and that their actions were way below the standard level of care for you to obtain damages. A birth injury attorney in Atlanta can determine what care level was actually required, and if the birth injury may have been prevented in the first place.

Damages can be obtained by filing a medical malpractice case against the doctor, other health care professionals, and the medical facility, and can be awarded for incurred medical costs, lost income, loss of potential future income, general suffering and pain damages, as well as emotional distress.

Upholding your Legal Rights

Birth injury lawsuits are generally complex, so it is vital that you have an experienced birth injury attorney by your side to uphold your legal rights. Because of the statute of limitations, you may only have limited time to file your medical malpractice claim. It is likewise critical to note that you have to act fast and start planning for a birth injury claim as soon as possible.