Birth Injury Cases: What Are They And Eligibility For Compensation

Bringing new life into this world is an incredible and joyous experience, but unfortunately, complications can lead to devastating injuries for both mother and baby.

We'll explore birth injuries and what they are, how they occur, and most importantly, whether you or your child may be eligible for compensation. If you believe your child has sustained a birth injury, you can reach out to birth injury attorneys to seek compensation for damages.

What is a Birth Injury?

A birth injury is any injury that a baby sustains during birth. They can range from mild to severe and, in some cases, can even be fatal. Some types of birth injuries include broken bones, nerve damage, cerebral palsy, Erb's palsy, shoulder dystocia, and skull fractures.

Birth injuries can occur for a number of reasons, including medical negligence on the part of the doctor or other medical staff. In some cases, the mother's health may be a factor.

Types of Birth Injuries

Here are some of the most common types of birth injuries:

Cephalohematoma is a bruise on the baby's head when blood vessels rupture between the skull and the periosteum (the thin layer of tissue that covers the bone). Cephalohematomas are usually harmless and resolve on their own within a few weeks.

Facial paralysis is a paralysis of the facial muscles that can occur when the baby's head is pulled or stretched during delivery. During delivery, facial paralysis can occur because of trauma to the facial nerves. It usually resolves on its own within a few months.

Erb's palsy is a paralysis of the arm that occurs when the nerves in the shoulder are damaged during delivery. Brachial plexus palsy is a paralysis of the arm that arises when the brachial plexus (the bundle of nerves that innervates the arm) is damaged during delivery. 

Spinal cord injury is an injury to the spinal cord that can occur when the baby's head is pulled or stretched during delivery. Spinal cord injuries can range from mild to severe.

Who is Eligible for Compensation?

The answer depends on several factors, including the severity of the injury and the circumstances surrounding the birth.

You must show that the birth injury was due to someone else's negligence. For example, if the doctor used excessive force during the delivery, you may be eligible for compensation. Not all birth injuries are eligible for compensation or are negligent. Injuries like cerebral palsy can be related to natural causes and not attributed to the doctor's negligence.

How to File a Claim?

To file a claim, gather all evidence of the injury and medical expenses incurred, including medical records, doctor's notes, and other related documentation. You'll need to prove the injury was directly caused by the negligence of another party, such as a doctor or hospital.

Once you have gathered all the necessary evidence, file a claim with the responsible party's insurance company. They will then investigate the claim and determine if they are liable for damages. If they are found liable, they'll provide compensation for your medical expenses and other damages like pain and suffering.

The Process of Filing a Claim

To begin the process of filing a claim, you'll need to gather all your child's medical records. These records will be used to prove that medical negligence caused your child's injuries.

Once you have gathered all the necessary evidence, you'll need to find a specialized lawyer for birth injury cases. If it sounds overwhelming, don't worry, your lawyer will help you file your claim and represent you in court if necessary.

Timeline for Filing a Claim

To file a birth injury claim, you must consult a medical professional to discuss your case. After that, you'll need to gather all the necessary documentation and evidence related to your case, including medical records, birth certificates, and other relevant documentation.

Once you have all this information, meet an expert lawyer in birth injury cases. They will review your case and determine if you have a valid claim. If so, they'll file a claim on your behalf. The whole process can take several months to complete.

Conclusion

It's important for families who believe their child suffered a birth injury due to negligence or malpractice to seek legal advice from experienced Michigan birth injury attorneys to assess the case, review medical records, and provide guidance on eligibility for compensation and other options available through filing a birth injury claim.