Each year, 6 to 8 out of every 1,000 infants born in the United States are born with a burn injury. This means that roughly 1 in every 9,714 individuals in the country are born with a birth injury. The 10 most common birth injuries include cerebral palsy, bone fractures, Erb's Palsy (Brachial Plexus Palsy), perinatal asphyxia, caput succedaneum, cephalohematoma, intracranial hemorrhage, facial paralysis, subconjunctival hemorrhage, and spinal cord injuries.
Commonly Questions about Birth Injury
Many people have questions about birth injuries and birth injury claims and lawsuits. Here is a look at some of the most common questions asked:
Q1: What constitutes a birth injury?
A: In general, birth injuries refer to serious injuries sustained by a child during pregnancy, labor, or delivery. For instance, there are many maternal conditions that occur during pregnancy that without proper treatment could result in harm to an unborn infant.
Labor and delivery are also critical times in which a mother and child need to be closely monitored to avoid injuries resulting from, for example, the failure to perform a c-section (caesarian section) in time or fetal distress. It is also critical to monitor for trauma that may have been caused by excessive force while the child is being delivered and improper use of vacuum extractors or forceps.
Q2: What is specifically involved in a birth injury case?
A: Typically, birth injury cases involve an attorney who works with medical experts in order to develop the necessary evidence to prove that a violation occurred in the medical standard of care which resulted in harm. Damages may include the potential costs that will be incurred for a lifetime as a result of caring for a child with special needs.
These costs can include, without being limited to, therapy, medical expenses, physical rehabilitation, round-the-clock care from an attendant and medical equipment, not to mention modifications required for the home and transportation.
Q3: When should parents contact a lawyer?
A: No matter what the circumstances, it is extremely important to talk to a medical malpractice attorney experienced birth injury cases as soon as possible. This is especially critical if the child has suffered extensive injuries. There is a statute of limitations by which a birth injury case needs to be filed in the state where the malpractice took place.
However, you should keep in mind that as time passes, evidence can disappear, witnesses relocate, records could be changed and the memories that surround a case's facts will fade. To avoid these concerns, it is paramount to act as quickly as possible and maximize the chances of gaining fair compensation to support a child with special needs.
RMFW Law Works Hard for You
If you or a loved one has an injured child due to medical negligence during childbirth, you should immediately contact the stellar medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting is free.
What is your side of the story? You pay us nothing up front and nothing if we lose. We take that risk for you. We only take a percentage of the final verdict or settlement. RMFW Law wants to hear what you have to say. We want to know if your case is viable. If it is, we will explain to how this process works and keep you informed of all major developments. We will not make decisions for you, but with you. Call us ASAP!
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