How to Increase Your Chances of Winning Your Birth Injury Case

Susan Parker By Susan Parker, 8th Jan 2017 | Follow this author | RSS Feed
Posted in Wikinut>Family>New Mums

Birth injury is an impairment of the newborn's body function or structure due to an adverse event that occurred at birth.

How to go about a birth injury case

Birth injury is an impairment of the newborn's body function or structure due to an adverse event that occurred at birth.

Such injury may occur during labor, delivery, or after delivery. And it could be as a result of pelvic anomalies in the mother, or the size of the fetus, or even caused by the medical attendants – maybe by the use of obstetrical instruments during delivery, or attempts to turn the baby into a better position for delivery.

There are various types of birth injuries, but some common ones are brachial plexus injuries, spinal cord injuries, broken/fractured bones, cephalohematoma, cerebral palsy, minor skin injuries, and perinatal asphyxia.

Brachial plexus injuries occur when the baby becomes stuck in the birth canal and probably the doctor pulls too hard on the baby’s neck, causing damage – tears or complete severance – to the brachial plexus bundle of nerves. This can lead to varying degrees of paralysis.

A difficult birth or too much rotational force can cause broken/fractured bones or spinal cord injuries to the child, and cephalohematoma is where the baby develops a hematoma – an abnormal collection of blood outside of a blood vessel – under the skin and on the periosteum of the skull.

Cerebral palsy is described by impaired movement ability and limited motor function, and can be as a result of an injury to the brain during a difficult birth.

Perinatal asphyxia is the medical condition resulting from deprivation of oxygen to a newborn infant that lasts long enough during the birth process to cause physical harm, usually to the brain.

And finally, there may be some signs of minor injury on the newborn’s skin after delivery, especially those areas that receive pressure during contractions.

Overall, it has been estimated that, for every 1000 hospital births in the U.S., five of the babies will be injured during birth.

In many instances however, birth injuries can be linked to medical malpractices.
Where a birth injury is found to be avoidable, but occurs as a result of the doctor’s failure to assess or respond to a condition during birth, a birth injury case may arise.

Note however that not all birth injuries will give rise to a successful legal claim, especially when the injury is unavoidable, despite the doctor’s competence.

Here are 4 ways to increase your chances of winning your birth injury case:

1. Determine You Really Have a Birth Injury Case

As said earlier, not all birth injuries will give rise to a legal claim, so the first thing you should do is to figure out if you have a case that is worth pursuing in the first place.

The first way to go about this is to obtain all paperwork surrounding your child’s birth as soon as you notice something is wrong with your child and you think the delivery team is responsible for it.

Secondly, you can have your child examined in a hospital to find out what’s wrong, and then confirm the potential causes of the condition – especially whether it could have resulted from the delivery process.

2. Obtain as Much Evidence as Possible

Apart from obtaining the paperwork surrounding your child’s birth, you should also try to get other evidences that will help prove your case – other medical records, results of examination other hospitals, photographs, and so on.

If you have trouble obtaining any medical document, get your lawyer to help you secure them.

3. Consider Settlement

In most cases, those responsible for injuring your child will rather settle the case out of court than go to trial, especially when they know you have a good case. They’ll consider any reasonable offer, since they’ll probably have much more to lose in court. Settling out of court will get you a good offer, without all the time and expenses trial would cost you.

4. Find an Experienced Lawyer

The success or otherwise of your case obviously depends on your lawyer’s ability to make a good case for you. You want to choose your lawyer carefully and be sure to hire a team that has experience with birth injury cases – and probably have some victories to their name.

The above 4 points will definitely increase your chances of winning your birth injury case.
Though nothing can make up for the change of lifestyle and future planning you might have to deal with because of your child’s birth injury, getting compensated for it should go a long way in taking care of a large part of your expenses on the child.


Birth Injury, Law

Meet the author

author avatar Susan Parker
I am a writer, business consultant and graphic designer. I write about the relationships between business, life and personal development.

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