Did you or someone you know recently have a birthing experience that resulted in an injury to the mother or child? You may have a good case for a birth injury lawsuit. Continue reading to find out more about medical malpractice and birth injury lawsuits. We will cover what a birth injury is, what you can expect if you decide to sue, and how you can begin your birth injury lawsuit today.
What Is A Birth Injury?
A birth injury is any physical injury to a baby during the birthing process. Common birth injuries include bruising of the head, facial nerve injury, a fractured collarbone, and injury to the nerves in the hands and/or arms. If you’re an expectant mother, don’t worry — these are very rare. But, if they do happen, you can take action.
Oftentimes, these injuries cannot be helped. For instance, birth injuries may result from natural occurrences such as premature birth, the baby not coming out head first, or labor that lasts longer than normal. However, if it can be shown that the attending doctor acted negligently during the birth, you may have a case for a birth injury lawsuit.
Can You Sue for a Birth Injury?
In order to sue for birth injury, you will have to file a medical malpractice lawsuit. Medical malpractice occurs when a doctor or physician fails to provide the highest level of care. Put simply, if your doctor treats you in a way that other doctors would not, you might have a case for medical malpractice birth injury lawsuit.
Injuries sustained during birth could last for a lifetime and require extensive medical care. Filing a birth injury claim can give victims some form of compensation to help them cope with these costs and provide justice for the trauma experienced when the injury occurred.
How Much Can You Sue for Birth Injury?
The amount that you sue for in a birth injury case depends greatly on the type of injury that occurs. Payouts for neurological birth injuries average over $1million. For other birth injuries, settlement amounts can vary greatly. To learn more about your claim and possible compensation, it’s best to get in touch with a birth injury lawyer that can review your case.
What to Expect in a Birth Injury Lawsuit
While the actual circumstances surrounding a birth injury lawsuit can differ, the steps of the process are relatively standard.
- Step 1: Determine the extent of your child’s injury and the cost of treatment.
- Step 2: Your lawyer will gather evidence to prove that your doctor acted with negligence.
- Step 3: File the claim.
- Step 4: The defendant will respond to the claim. Meanwhile, your lawyer will continue building evidence to strengthen your case.
- Step 5: Reach a settlement.
If your lawyer is unable to reach a settlement with the other party, the next step in a birth injury lawsuit would be taking the case to trial.
Can you sue a hospital for traumatic birth?
Even if the doctor is at fault for your child’s injury, you may be able to hold the entire hospital accountable. Whether or not you can do this depends on the contract the doctor has with the hospital and the evidence you and your lawyer can gather.
How Long After Birth Can I Sue for Malpractice?
Every state has its own statute of limitations law for birth injury lawsuits. In Arizona, the limitation is 2 years. That means you have 2 years to decide whether or not you would like to file a birth injury lawsuit.
Get a Free Case Review Today
Were you or your child injured during birth? You may have a case for a birth injury lawsuit. At Massey Law Firm, we are highly experienced in handling birth injury cases. Give our office a call today at 602-955-0055 and someone from our team will review your case for free.
– Massey Law Firm, your Scottsdale Medical Malpractice Attorneys