Birth Injuries Compensation, When To Take Action | Birth Injury Lawyers

Awaiting the birth of a child can be one of the most exciting times in an expectant parent’s life. Labor and delivery go as expected and healthy for the majority of women. But in a fraction of cases, there are complications. And if medical professionals don’t perform their jobs to the highest standard, your child could suffer birth injuries.

Some birth injuries and complications are unavoidable. However,  physician negligence or malpractice is the cause for many of them. Perhaps your doctor missed a red flag during prenatal care or didn’t respond appropriately to problems during delivery. The bottom line is that your child was injured because a medical professional was careless. 

Baby in mother's arms

What is a Birth Injury?

A birth injury is a physical harm that a child suffers in the process of being born. It is distinct from a congenital disability, which is caused or grows while the child is still developing in utero. 

Birth trauma tends to refer to the mechanical injury done to the baby. A broken collarbone, swelling on the head or bleeding from a cut made during a Cesarean section.

Birth injury tends to mean internal or system-level damage to the baby. For example, a lack of oxygen resulting in loss to the motor areas of the brain, or untreated jaundice causing brain dysfunction.

The Three Types of Birth Injuries

There are several different birth injuries, but the most prevalent birth-related medical malpractices can be narrowed down to three types of birth injuries.

Mother or Infant Birth Injuries

Birth injuries that arise during delivery is a common occurrence. These types of damages occur from the use of vacuum extractor or forceps, tools invented to assist in delivery. 

Abnormal uterine bleeding, infections and broken bones can cause birth injuries to the mother.

An injury to the mother during birth should not happen when a properly trained medical professional is tasked with her care. However, a mother may sustain injuries that negatively affect their lives, and they are no longer capable of functioning in the workplace or a social environment. As long as the injury you have sustained is through no fault of your own, you may be able to file a claim.

Wrongful Birth

In a wrongful birth lawsuit, the parents of a child who was born with severe medical ailments sue a medical provider. Typically, the people filing the lawsuit claim that the defendant either misdiagnosed the condition of the fetus or provided negligent genetic counseling about the likelihood of the fetus developing abnormally. 

As a result, the infant was born with significant congenital disabilities that will require extensive and expensive medical treatment. Sometimes, congenital disabilities may be so severe that they prevent parents from developing a healthy relationship with their child.

An attorney might be able to obtain compensation for the costs associated with the child’s disorder. Such fees can include everything from medical expenses to educational, physical, and occupational therapy.

Wrongful Pregnancy

This is a lawsuit that allows parents to file against any medical provider that failed to protect the mother from getting pregnant.

Generally, a successful wrongful pregnancy suit compensates the parents of the child for expenses and issues related to the pregnancy. Fees include:

  • Prenatal, delivery room, and neonatal medical bills
  • Lost wages from time spent pregnant or recovering from birth
  • The cost of the unsuccessful sterilization procedure

When to File a Birth Injury Lawsuit?

To determine if the injury sustained was due to medical negligence several questions must be answered. These questions include:

  • Was the injury preventable?
  • Was the standard of care good enough?
  • Did the procedure result in a birth injury to both the mother and the baby?

You will be able to file a medical negligence claim once it has been proven that the doctor showed some degree of negligence.

 

Birth Injury Attorneys In Las Vegas

If your child suffered birth injuries and you suspect medical negligence caused it, our birth injury attorneys at Harris & Harris can help. Our Las Vegas attorneys have decades of experience protecting the rights of families harmed by negligent and irresponsible doctors. 

Give us a call at (702) 384-1414 to speak to a birth injury lawyer in Las Vegas.