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August 23, 2019

Should I Meet With a Lawyer If My Baby Has a Birth Injury?

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Posted in Wisconsin Workers Compensation Related News

It is recommended that parents who are concerned that a doctor or other medical staff made a mistake in regards to their pregnancy, labor, or delivery, talk with a lawyer promptly for counsel. Unfortunately, doctors and other staff make mistakes and parents may be entitled to financial retribution for errors or negligence that led to a birth injury. 

What is considered a birth injury?

Birth injuries happen when a baby sustained an injury during pregnancy, labor, or delivery. During pregnancy there are conditions that can develop, but without proper treatment it can cause harm to the fetus. A doctor is responsible for identifying and treating conditions like infections or high blood pressure promptly and correctly. With delivery, the doctor or staff may have failed to address symptoms or distress in the mother and baby, in addition to not responding with a treatment plan within a reasonable time frame. During delivery, a doctor may also use too much force when extracting out the baby using tools like vacuum extractors or forceps. 

How do I know whether I have a case for birth injury medical malpractice?

Parents put the fate and wellbeing of their child into the hands of medical personnel, before, during, and after delivery. Professionals like nurses, obstetric specialists, hospital staff, midwives, and doulas may be held liable for damages if the baby suffered from a birth injury that developed due to their error or oversight. Parents who want to know if they have a strong case for a medical malpractice lawsuit, can consult with an attorney in their area for more information. 

What types of damages may I receive in the lawsuit?

Parents of the injured child may receive financial compensation through a lawsuit, if the accused party is found guilty of having caused the birth injury. Parents may get restitution for medical costs, therapy, emergency care, physical rehabilitation, prescription medication, home modifications, and medical equipment. The amount parents may receive depends on the severity of the injuries, the circumstances of the birth injury situation, and the strength of proof that is brought forward. 

When should I meet with a lawyer about a potential lawsuit?

As soon as you notice something isn’t normal with your baby, you may want to talk with a lawyer for advice. There may be a statute of limitations for how long you have to bring forward a claim. Also, the longer you wait the more likely evidence is to slowly disappear, and witnesses may be harder to track down. Here are signs that you may want to consider meeting with a birth injury lawyer immediately for representation:

  • Your baby had peculiar bruises when he/she was born
  • Your doctor diagnosed your baby with an illness that was due to genetics, but you were not warned of this risk or presence before delivery
  • Your doctor had failed to run appropriate diagnostic testing before, during, or after delivery
  • Your doctor delayed your c-section out of not paying attention to symptoms
  • Your baby has not reached developmental milestones
  • Something just doesn’t seem right, and you want a second opinion 

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