What Should I Know about Birth Injury Claims and Filing for Compensation?

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Every year between six and eight babies out of every thousand are born with a birth injury. In other words, nearly 28,000 babies suffer a birth injury each year in the U.S. Sadly up to 50 percent of these injuries could have been prevented had the right medical care been given.

 

When a birth injury occurs, the parents are not only left with large medical bills, but the need to change their life and future for the sake of the child. Birth injury claims cannot reverse time, but they can provide monetary compensation for the families and also ensure the responsible party is held liable for their actions.

 

What Is a Birth Injury Claim?

 

A birth injury claim is a type of legal action filed against an alleged negligent party, such as a doctor, health care provider, or facility. In general, these claims are fought by a personal injury lawyer on behalf of the child and his or her parents. Compensation for birth injury claims typically includes economic damages (i.e. medical bills, lost wages, therapy, and other financial losses) and noneconomic damages (i.e. pain and suffering, loss of consortium, etc.).

 

Before you file a birth injury claim, you must make sure that you have a valid case. You can consult a birth injury lawyer in New York, NY from Okun, Oddo & Babat, P.C. who will listen to what happened and advise your of your options. Meanwhile, the following factors will likely need to apply before legal action can be pursued:

 

  • A patient-doctor relationship must have existed.
  • The doctor, medical staff, or facility must have acted negligently or not within the standards of care.
  • An injury resulted because of the negligence.

 

Determining a Birth Injury

 

A birth injury can happen from a broad number of reasons. The most common injuries stem from a doctor, nurse, or other medical staff who fails to:

 

  • Observe and monitor either maternal or fetal distress
  • Diagnose medical issues
  • Provide the correct diagnosis
  • Use correct methods when applying birthing techniques
  • Schedule and perform an emergency Cesarean
  • Take the necessary precautions to prevent preterm labor
  • Identify and treat a maternal infection or medical issue

 

Who Can File for a Birth Injury?

The parents or guardians of the child has the right to file a birth injury claim. In some states, the child can file their own claim after their 18th birthday. Because the costs associated with a birth injury can be substantial, it is advisable to begin the claims process as soon as a birth injury is suspected.

 

Keep in mind that statute of limitations do apply in birth injury cases. If you are considering filing a claim, you’ll want to do so before the deadline runs over.

What You Can Receive

There is no conclusive answer as to the amount of compensation you will receive or the type of compensation you will be entitled to. However, for most birth injury cases, you may receive compensation for:

 

  • Medical care
  • Medications
  • Therapy
  • Rehabilitation
  • Home and vehicle accommodations
  • Psychological services
  • Lost wages
  • Transport and gasoline
  • Pain and suffering
  • Loss of consortium

 

If you are the parent, guardian, or family member of a child who suffered a birth injury, you may have the right to compensation. Please call a birth injury lawyer New York, NY parents recommend for a complimentary case review now.