FAQs about Birth Injury Lawsuits

According to statistics, 6 to 8 out of every 1,000 infants in the United States are born with a birth defect. This means that roughly 1 in every 9,714 people in the country are born with some type of birth injury.

The most common types of birth injuries include cerebral palsy, Erb's Palsy (Brachial Plexus Palsy), intracranial hemorrhage, bone fractures, perinatal asphyxia, caput succedaneum, cephalohematoma, subconjunctival hemorrhage, spinal cord injuries, and facial paralysis.

Common Birth Injury FAQs

Many people ask questions regarding birth injuries and lawsuits. Here is a look at a few of the most frequently asked questions with their answers:

Q1: What is the difference between a birth injury and a birth defect?

Ans: Birth injuries are in general caused by something going wrong during the birth of a child. On the other hand, birth defects are usually harm to a baby that occurred before birth, caused by something that occurred before or during the pregnancy.

Q2: What types of situations give rise to a birth injury lawsuit?

Ans: Most cases that involve birth injuries occur when a physician fails to assess or respond to complications and conditions during pregnancy or delivery. It can also occur when a pregnant woman takes a drug prescribed by the doctor during pregnancy and causes harm to the baby.

Q3: Can you always have a successful lawsuit if an infant is harmed due to a birth injury?

Ans: The answer to this question is no. In some cases, birth defects or injuries cannot be avoided. The important question is whether a doctor and/or a pharmaceutical company failed to provide adequate advice regarding medical care or medication during pregnancy and/or delivery.

Q4: The term "teratogens" is often heard to cause birth defects - what are they?

Ans: Teratogens are an agent or chemical that results in birth defects in a child. It has been found that many drugs are teratogens, and a number of these were initially meant to help women during pregnancy. These include a drug called Delalutin, which is administered to pregnant women to prevent miscarriages, as well as another medication called Bendectin which is given to pregnant women to keep off nausea.

Q5: Who will receive money after a successful birth defect or birth injury lawsuit?

Ans: If a child lives while suffering harm as a result of an avoidable birth injury, awarded damages after a successful lawsuit will, in most cases, go to the child - at times, in the form of a trust. In some situations, parents can receive compensation for damages such as emotional distress caused by the birth injury or defect.

If your child has suffered harm due to a birth injury caused by medical negligence, you need to call up a medical malpractice lawyer at RMFW Law at 212-344-1000. We know how to win cases. We have won millions of dollars for past clients. You too can be on this marvelous list.

We charge you nothing up front. In fact, because we only take a percentage of the final verdict or settlement, you never really pay us at all. You never have to write us a check. If we lose, you owe RMFW Law nothing. Give us a call and let's see if we can win this thing!