Common Legal Solutions for Victims of Birth Injury

Did you know that 28,000 infants are born with a birth injury every year? Sometimes these birth injuries are unavoidable conditions that occur in development. Unfortunately, this isn’t always the case.

Many of the injuries are caused by the carelessness of the medical staff during the delivery process. Their mistakes can leave vulnerable families with high medical bills and lifelong suffering.

So what should you do if you believe your child was the victim of medical malpractice?

In this article, we’ll walk you through the most common type of legal solution for these cases. We’ll also give you some tips on navigating the process. Let’s get started.

Medical Malpractice Lawsuit

The most common type of legal solution for birth injuries is a medical malpractice lawsuit. There are a variety of ways that medical malpractice can cause birth injuries. It can happen before, during, and after the birth process.

Before birth, the doctor may daily notice preventable infections in the mother or fetus. During the birth, the doctor may be too rough which causes injuries. And after the birth, a nurse may administer the wrong medication, which affects your infant.

As you can see, there’s no shortage of ways that the medical staff can cause birth injuries. Ultimately, it comes down to whether or not the birth injury was potentially preventable by the doctor or nurse.

Ideally, there will also be medical records and witnesses that help prove your claim.

What Types of Birth Injuries Are Caused by Medical Malpractice?

In this section, we’ll identify some of the popular types of birth injuries. Keep in mind that these are just some of the common ones. They include:

  • Cerebral Palsy
  • Brain damage
  • Erbs Palsy
  • Body or facial paralysis
  • Forceps injury
  • Stillbirth
  • Jaundice
  • Cephalohematoma, or cranium bleed
  • Broken bones or fractures
  • Spinal cord injury
  • Perinatal Asphyxia from lack of oxygen

If your infant displays any of these conditions, then you should look into medical malpractice. Depending on the conditioning, there can be a variety of causes. Some of them, like the forceful use of delivery tools, are obvious.

Others may be related to more subtle things like a failure to monitor the fetus, or the failure to perform a needed C-section.

Perhaps the most popular type of birth injury is cerebral palsy. The condition is brain damage that occurs either before, during, or after birth. Sometimes the condition occurs naturally.

However, it can also be caused by a lack of oxygen, internal bleeding, and blunt trauma. As such, a rough or untrained doctor can easily miss it during the birth process.

Things to Look for When Hiring an Effective Birth Injury Lawyer

You will almost certainly need an effective medical malpractice lawyer if you want to win your case. Unfortunately, the legal process is too intricate for an untrained person to navigate.

One small mistake could ruin your case and chance of recovery. But how do you find a lawyer you can trust? The first thing you should look for is experience. The longer the lawyer has spent fighting these types of cases, the more practical experience they will have.

Ideally, they should also specialize in the specific type of birth injury that your child has. This expertise will come in handy during the case. Ideally, you will also find a lawyer that doesn’t demand any fees unless they win.

However, this can be more difficult to find. Typically long litigations involve at least some contingency fees. However, one that charges no upfront costs is a sure sign of a good lawyer.

Finally, you should look for a lawyer that cares about the details of your case. It’s easy to just be another number and name on a page. But the reality is that birth injuries are traumatizing.

As such, the legal process can forcibly drag out that trauma for a long time. So, any type of support is needed, even if it comes from a lawyer you trust.

What Should I Do if I Can’t Afford Waiting for a Settlement?

If you aren’t sitting on a large amount of savings, then the day-to-day costs of a birth injury can quickly add up. Sure, you may be engaged in a medical malpractice lawsuit.

But even the quickest lawsuits can take months to resolve. Most take years to reach any sort of recovery settlement. So how do you pay for the doctor bills and lawyer contingency fees? One solution is pre-settlement funding.

In these types of cases, a third party buys an interest in the proceeds of your case. You get the money you need for bills or fees, and the company gets a percentage of the money you end up recovering.

If you want to learn more about pre-settlement funding, then we recommend checking out some of the frequently asked questions.

Need Pre Settlement Funding? Look No Further Than USClaims

We hope this article helped you find a legal solution to your child’s birth injury. This medical malpractice can be traumatizing for a variety of reasons.

Not least of which is the added medical expenses that come with caring for an injury that’s not your fault. As we mentioned, pre-settlement funding is a great way of surviving the costs that come with a long litigation process.

But how do you find a lawsuit funder you can trust? Easy: by applying to USClaims. We help thousands of people recover the money that they deserve. As such, we can likely help you. All you need to do is send in an application.

After we review it, we’ll send a purchase agreement and you’ll be able to access your money within twenty-four hours. Worried you won’t recover your money?

Don’t worry: if you don’t recover anything, then you don’t need to worry about repayment. So, please contact us today and let us help you with your birth injury lawsuit.


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