Birth Injury Litigation: What You Need to Know

Posted by , on Jun, 2019

If you or someone in your life has experienced a birth injury, the period following this event can be challenging and sensitive. However, if you decide to look into hiring a birth injury lawyer to fight on your behalf, it’s important to make sure you find a birth injury lawyer whom you can trust and who will help you understand the ins and outs of filing a claim on the grounds of birth injury. Here is a guide to the essential facts and concepts that should be understood about pursuing birth injury litigation so you can make an informed decision about whether to file a claim. What is a birth injury? Regardless of how serious they might seem at the outset; a birth injury can be a very grave outcome of delivery. Types of birth injuries can range from a bruise or laceration on the child to more severe conditions such as cerebral palsy. Depending on the context, birth injuries can be attributed to medical malpractice if there is some evidence that any of the doctors or medical professionals involved in the birth process made a careless mistake that could have led to the occurrence of the specific injury. Disproving a birth injury suit If you hire a birth injury lawyer and take the defendant to court, the legal counsel of the defendant will most likely attempt to argue the injury that occurred was not, in fact, a birth injury, but instead was a birth defect. A birth defect means the child was genetically predisposed to contract the specific condition that is now present, whereas a birth injury implies that fault for the injury of what would have been an otherwise healthy infant rests with the medical professionals who assisted with the birth in some capacity. Employing a birth injury lawyer when pursuing litigation for a birth injury is advantageous because an experienced attorney can use their skills and experience to understand precedent and gather evidence to help you win your case. How does suing for birth injury help? Many parents whose children have suffered from birth injuries are skeptical about filing a legal claim. Some feel that the added stress of dealing with a lawsuit is too much on top of having to take care of their injured newborn. Medical appointments, therapy, and general care for an injured child can take up a great deal of time. However, an experienced birth lawyer is skilled in making sure the whole litigation process is as stress-free for parents as possible and ensuring that parents will have all the time, they...