Medical Malpractice: Filing a Birth Injury Lawsuit

In the US, there are more than 30 different birth trauma diagnosis codes. These codes indicate birth injuries that occur during the birthing process. Some of the most common birth injuries are those that affect the brain, nerves, and bones.

As if that’s not bad enough, birth injuries are also the fifth leading cause of infant deaths in the US. In 2018, accidental injuries during labor claimed the lives of 1,169 infants.

If your baby is one of those who suffered from such trauma, it’s your right to file a birth injury lawsuit. In doing so, a court may award your family with financial compensation for the harm done to your little one. This can then help you afford the life-altering, long-term treatments your baby needs.

To that end, we created this guide covering the birth injury lawsuit process. Read on to learn the legal steps you need to take to pursue the party responsible for your baby’s injuries.

Confirm Your Child Sustained a Birth Injury

Sometimes, birth injuries, such as external bleeding and fractures, are immediately evident. However, many others, such as cerebral palsy, take longer to become apparent. Such conditions often become recognizable when a baby doesn’t meet developmental milestones.

Cerebral palsy is one of the most common birth injuries, as it affects 2 to 3 in 1,000 kids three years or older. Other delayed symptoms include ataxia, poor coordination, and spasticity.

If your little one shows any of these signs, take them to a pediatric specialist. This way, the doctor can confirm if your child indeed has a birth injury.

Speak to a Birth Injury Lawyer

Call a birth injury medical malpractice attorney as soon as your baby gets diagnosed. These legal professionals will help you collect hard evidence for your claim.

You don’t have to worry about paying upfront fees, as most of these lawyers work on a contingency basis. They also offer free initial consultations to determine the merits of your case.

File a Birth Injury Lawsuit Within Your State’s Statute of Limitations

All states allow families to file a birth injury malpractice lawsuit, but there’s a “deadline.” In the legal sector, this deadline is what you refer to as “statute of limitations.”

All states have long deadlines for birth injuries; in California, it can be up to a child’s eighth year of age. This applies to children younger than six years old. For kids six or older, you have three more years to sue from the discovery of the injury.

Either way, it’s best to start the birth injury lawsuit process as soon as you discover your baby’s injury. A seasoned birth injury attorney will take over most of the paperwork and legwork in this case. With their aid, you can spend more time caring for and attending to your baby’s needs.

Seek Help From a Veteran Lawyer With Your Birth Injury Case

Birth trauma cases are complex and can rob your little one of the high quality of life they deserve. This should be reason enough to consider filing a birth injury lawsuit. So, be sure to get in touch with a doctor and a lawyer the moment you suspect a birth injury.

The sooner you do, the sooner you can receive compensation for your little one’s treatment.

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