Is a Birth Injury Medical Malpractice? 

Birth injuries are extremely tragic events. The worst part is that most are preventable. When you or your child has suffered an injury at birth, the injuries sustained could be life threatening or life altering. You face years of recovery and a mountain of medical bills, but you do not have to pay these bills out of your own pocket. When you work with a skilled birth injury lawyer, he or she will give you the peace of mind to know that your personal injury case is being handled competently so you can focus on your child’s recovery. 


What makes a birth injury medical malpractice?

When reasonable care by a doctor, nurse, or other medical professional would have prevented the injury which occurred, the action or inaction amounts to medical malpractice. There are four elements you must prove in your personal injury claim:


  • You had a doctor, patient relationship
  • The doctor or medical professional breached their duty of care to you by acting negligently
  • The doctor or medical professional’s action or inaction caused the injury to you or your baby
  • You or your baby suffered


A medical malpractice claim is a complex area of the law and should not be trusted to just anyone. A good birth injury lawyer, like a birth injury lawyer in Fort Lauderdale, FL, has the experience you deserve to help you maximize your recovery and ensure you don’t have to pay out of pocket for your medical bills.


How do birth injuries happen?

Most birth injuries are completely preventable, which means they are the result of negligence on the part of a medical professional. Common reasons for birth injuries include:


  • Improper use of birth tools
  • Administering incorrect medication
  • Misdiagnosis or delayed diagnosis
  • Failure to detect fetal distress
  • Failure to react properly in an emergency


All of these are preventable. It’s important that the negligent party be held accountable for your injuries, and those of your baby, so you don’t have to pay out of pocket for your medical expenses. 


What are common birth injuries?

Birth injuries vary but the most common include:


  • Cuts
  • Broken bones
  • Facial paralysis
  • Brain hypoxia
  • Brain damage
  • Cerebral palsy
  • Erb’s palsy
  • Klumpke’s palsy
  • Brachial plexus injuries


All of these injuries are tragic and they all result in expensive medical bills. You have enough to worry about making sure your baby gets the medical attention he or she deserves. You don’t need to focus on the legal complexities ahead. Let an attorney handle that for you.


What compensation can I receive?

The value of your birth injury claim will vary based on the type of injury you or your baby suffered. Generally, an attorney will fight to get you compensation for:


  • Pain and suffering
  • Emotional distress
  • Medical bills
  • Rehabilitation costs
  • Loss of companionship


Suffering such a tragic injury at what should be a joyous moment is truly traumatic. Don’t face this alone. Focus on your baby and your recovery while a birth injury lawyer focuses on maximizing your financial recovery.


Contact a trusted birth injury lawyer today

Your lawyer will aggressively fight to protect your rights and hold the negligent party accountable so you don’t get stuck paying medical bills for an injury you played no part in causing. 


Thanks to Needle & Ellenberg, P.A. for their insight into filing a medical malpractice lawsuit for a birth injury.


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