As a Parent, What Must I Know About Birth Injury Lawsuits?

As a Parent, What Must I Know About Birth Injury Lawsuits?

Personal Injury Lawyer

Every parent hopes to hear that their child is happy and healthy after being brought into the world. It can be a heartbreaking nightmare for parents to be informed that their child has sustained a birth injury. It is estimated that around 7 in every 1,000 babies born in the United States will endure a birth injury of some kind. Additionally, many of these injuries could have been prevented, but doctors or medical staff had committed a critical error when it came to providing proper medical care.

Parents who are told their baby has a birth injury, may be concerned that medical personnel had an influence in it happening. They may be motivated to seek legal action not only for compensation, but as a way to obtain a sense of justice. Parents may be left feeling painfully overwhelmed, and with plenty of questions about what to do next.

Q: What are the signs of a birth injury?

A: Before a baby is born, parents may want to do some research so they are aware of signs that their child has a birth injury. A doctor may notice the baby has an injury and either not tell the parents at all, or explain that the symptoms are normal. However, this may just be a way to avoid facing a lawsuit. A child that has a birth injury, may exhibit any of the following signs soon after delivery:

  • Crying with an arched back
  • Difficulty breathing
  • Trouble with swallowing, eating or sucking
  • Drooling excessively
  • Appearing fussy or restless for no reason
  • High-pitched crying
  • Grunting or other vocalizations of distress
  • Seizures
  • Sensitivity to light
  • Lethargic
  • Nausea and/or vomiting

Q: What are possible causes for the birth injury?

A: A common way that birth injuries can happen is when the baby lacks oxygen during delivery. Babies who do not receive sufficient oxygen may suffer from hypoxic ischemic, encephalopathy, cerebral palsy, fetal stroke, and more. The doctor may inflict an injury on the baby by using birth tools in a manner they were not meant to or in an overly aggressive way. Tools such as forceps or a vacuum may be used to help pull the baby out of the birth canal. But if not used correctly, the baby may endure a brain injury, bleeding, cuts, bruises and other wounds.

Q: What can I do as a parent who has a baby with a birth injury?

A: Parents with a child that sustained a birth injury may be eligible to receive financial compensation, if the doctor or medical staff were responsible. Many parents may consider submitting a letter of complaint to the hospital about their observations and suspicions. However, sometimes a medical facility may try to protect the doctor as a way to prevent paying out in a major lawsuit. It may be more strategic to meet with a birth injury attorney Longwood, FL trusts about the situation for advice, before deciding how you want to proceed.



Thank you to our friends and contributors at David & Philpot, P.L. for their insight into personal injuries cases and birth injuries.

Greenberg Law Offices