Birth Injuries

The details governing any birth injury lawsuit vary from state to state, so it is important that you file your claim in the state where the birth took place. Many injuries sustained by a new-born during the birthing process are typical and will quickly heal with proper care. Such injuries include bruising, fractures, swelling and other minor ailments. These often, but not always, occur during birthing complications such as breech or premature births.

Brain and nerve damage are the two most devastating types of birth injury that are commonly sustained by new-borns. Brain damage may result when the new-born isn’t delivered in a timely manner, and remains deprived of oxygen. Nerve damage can occur as a result of forcible extraction that tears a new-born’s fragile nerves at the time of delivery. Nerve damage birth injuries may cause cerebral palsy, facial paralysis or brachial plexus injuries.

Birth injuries typically fall under the heading of medical malpractice. In order to qualify as a personal injury case, it must be determinable that a person’s actions or failure to act was responsible for an atypical, preventable injury or wrongful death. If you believe that your new-born was harmed due to medical malpractice at the time of birth, it is very important that you put your lawsuit in motion as soon as possible. Medical malpractice suits are governed by a very strict statute of limitations, and waiting may render you ineligible to file a suit or redeem damages.

In many cases, birth injury malpractice lawsuits are filed by parents or guardians on behalf of the child. This means that damages are granted to the child with strict limitations governing parents’ usage, with the exception of legal fees and medical costs. However, parents may be able to file related complaints due to emotional or financial hardship related to the newborn’s personal injury case. These factors vary by state.

The birth injury attorneys at Gross & Telisman will be able to analyze the details of your case and determine the level of damages for which you are qualified. We have a dedicated and compassionate legal team that is vastly experienced in personal injury medical malpractice suits. Please Contact Us for a free, confidential consultation about your case.