Birth is supposed to be a moment of joy, but sometimes it takes a tragic turn. A small mistake during delivery can lead to a serious injury. These injuries can affect a child’s body, mind, and life.
Birth injuries are physical harm that happens during labor or delivery. They can occur when a doctor or nurse is negligent or fails to act promptly. According to the Centers for Disease Control and Prevention (CDC), about 7 out of every 1,000 babies in the U.S. suffer from a birth injury.
That’s more than 25,000 babies each year. Some cases are mild, but others lead to lasting disabilities. Families in this situation may not know what steps to take. That’s where legal help can make a big difference.
Some birth injuries are more common than others. One is cerebral palsy, which affects how the brain controls muscles. It can make it hard for a child to walk or move. Another is Erb’s palsy, which happens when the nerves in the baby’s shoulder get stretched or torn. This can cause weakness or loss of movement in one arm.
Other birth injuries include:
These injuries can happen when doctors misuse tools like forceps or vacuums. They can also occur if the baby is too large, in the wrong position, or if the delivery is delayed.
Birth injuries can lead to a lifetime of challenges. These may not appear immediately. Some effects occur months or even years later.
Physical issues can include trouble moving, muscle stiffness, or poor balance. A child might need help with walking, feeding, or dressing. Cognitive delays may also appear. A child might struggle to speak, learn, or pay attention in school.
Emotional and social problems are also common. A child may feel different from others. Making friends or playing with others can become difficult, which can lower self-esteem and cause sadness.
For parents, the financial cost can be huge. Therapy, special education, and medical tools can cost thousands of dollars each year. The CDC says that the lifetime care cost for one child with cerebral palsy can go over $1 million.
Not every birth injury is someone’s fault. However, many incidents occur because a doctor or nurse fails to follow proper procedures. This is called medical negligence.
Negligence can include:
Even minor delays can cause lasting harm, so it’s essential to determine whether medical mistakes were made.
Lawyers who handle birth injury cases know how to investigate what happened. They start by reviewing medical records and speaking with experts. These experts can tell whether the doctor or nurse followed the right steps.
A lawyer can help the family file a legal claim if mistakes are made. This claim asks for money to cover the child’s needs. That includes:
Sometimes, the case is settled out of court, and at other times, it may proceed to trial. Either way, the goal is to help the family get support.
A lawyer also handles deadlines and paperwork. Each state has its statute of limitationsa time limit for filing a claim. Missing this window can mean losing the right to seek help. A lawyer ensures everything is done on time.
Time is essential in birth injury cases. Evidence, such as medical charts and witness memories, can fade or be lost. The sooner a lawyer gets involved, the better the chance of building a strong case.
Additionally, taking early legal action may help families plan more effectively for the future. Knowing what costs may arise helps families prepare for therapy, school expenses, and other needs.
Birth injuries can change a child’s life in significant ways. These injuries can impact a child’s ability to move, learn, and grow. In many cases, they happen because of medical errors. A skilled lawyer can help families understand what went wrong and seek the support they need to care for their children.
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