Frequently Asked Questions about Birth Injuries
Q: “Is a birth defect the same thing as a birth injury? “
A: No, a birth injury is not the same as a birth defect. A birth defect is a genetic problem that was present before birth. A birth injury is caused by a mistake during the delivery of an otherwise healthy child. Your personal injury birth defect or birth injury lawyer will help you decide which form of injury your child has, and determine who might be held responsible for his or her condition.
Q: What types of injuries constitute grounds for a birth injury lawsuit?”
A: If an injury is caused because a medical professional fails to provide adequate care to an expectant mother, it may be considered grounds for a birth injury lawsuit. If an expectant mother is given prescription drugs that harm the baby, that is considered a birth injury, as would any harm caused by negligence during the delivery. Birth injuries can also arise from a physician failing to correctly assess and treat any complications or circumstances during the pregnancy or the delivery.
Under personal injury medical malpractice laws, improper use of certain medical devices, such as a vacuum or forceps, can cause a legally avoidable injury to the baby. Your birth injury attorney will help you decide if the injury to your child will be considered legally avoidable in a court of law.
Q: “If my child suffers a birth injury, am I guaranteed to win my lawsuit?”
A: There are no guarantees in a birth injury lawsuit. Complicated medical conditions such as pregnancy and birth always carry a certain level of legally acceptable risk. To win a birth injury lawsuit, you must be able to prove the harm to your child was avoidable and that the medical care or medication given to you during your pregnancy was faulty or inadequate. Your birth injury lawyer will argue your case for you, and use medical records and medical experts to help you reach a fair settlement.
Q: “What constitutes medical malpractice in a birth injury case?”
A: Medical malpractice may be perpetrated by any medical professional or medical care facility, including hospitals and clinics, doctors, nurses, dentists, and hospital staff members. If the care provided to you by any of these entities is inadequate, faulty or negligent according to the professional standard of care established by the medical field, it is considered medical malpractice, and will be addressed as such by your birth injury lawyer.
Q: “What are the chances that my baby will suffer a birth injury?”
A: Birth injuries are common, but not alarmingly so. Current estimates determine that there will likely be five (5) birth injuries for every one thousand (1,000) live births in the United States.
Q: “What will the jury use to determine a physician’s negligence in a birth defect or birth injury case?”
A: In most medical malpractice cases, including birth injury and birth defect cases, the most reliable forms of evidence used to prove negligence are medical records and the expert testimony of experts, usually other physicians. If your physician did not deliver the legal standard of care expected of someone in their field, it will be considered negligence. A highly trained specialist, such as your OB-GYN, (Obstetrician-Gynecologist) will be held to a high standard of care as befits their high level of specialized training.
Your birth injury attorney will play a very important part in the litigation process, by explaining the medical records and statistics that pertain to the case, as well as arguing your side and defending you from the defensive actions of the physician’s medical malpractice lawyers.
Q: “What does the term “Teratogen” mean in relation to birth injury lawsuits?“
A: The term teratogen refers to a chemical or other agent that adversely effects the developing fetus, resulting in a birth defect. Two common examples of teratogens include Delalutin, which helps prevent miscarriage, and Bendectin, which was commonly used to decrease nausea. Both of these drugs were commonly used to “help” pregnant women before their disastrous side effects were known. Generally, a teratogen is administered without the physician having any knowledge of it’s harmful effects. Your personal injury birth injury attorney will fight to make sure that your child is compensated for his or her injuries.
Q: “What is the likelihood of my baby having a birth defect?”
A: Birth defects are more common than birth injuries, composing about seven percent(7%) of all births.
Q: “Is Cerebral Palsy a birth injury or birth defect?”
A: Cerebral Palsy is an umbrella term for a variety of medical conditions that effect the brain and nervous system that govern muscle control. Umbrella term refers to a word used to describe many medical circumstances that end in the same result. Cerebral Palsy can be difficult to define, because it may be caused by many different circumstances. It generally is caused by an injury to the baby’s brain, either in the womb, during delivery, or shortly after birth. If the flow of oxygen is disrupted during pregnancy, this can also cause Cerebral Palsy. Your birth injury attorney or birth defect lawyer will be able to help you determine the specifics pertaining to your child.
Q: “Who will receive the settlement from a birth injury lawsuit?”
A: If the child in question is still alive, the settlement will usually be awarded to him or her, either directly or through a trust. In some cases the parents may collect direct compensation for emotional pain and suffering. Having an experienced birth injury attorney on your side will help increase the likelihood of a fair settlement for both you and your child.
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