Tap to Read ➤

Birth Injury Compensation Claims Parents Need To Know

Josh Rueff Dec 3, 2019
The birth of your child is a beautiful thing. You’d do anything to protect the baby and provide for it, but to do that, you have to be prepared.

Our Medical System is Good, But It’s Far from Perfect

Roughly 6 to 8 babies out of 1,000 suffer from a birth injury. Those injuries would never have happened if they had provided good medical care. Here’s the thing. It’s the hospital’s job to provide good medical care - doctors, nurses and other medical professionals are in these positions because they’re trained to be competent.
The thought of your baby being at risk shouldn’t even be on your mind. But birth injuries still happen regularly. Birth injury creates physical, emotional, psychological and financial issues. However, when it happens, it’s reassuring to know that the medical professionals who contributed to medical negligence will be held accountable.
And while nothing can ever truly compensate the injury of your child, compensation claims help. Because they hold the responsible parties liable and provide justice and help you recover from the financial toll.
Your Birth Injury Lawsuit can Help You Recover These Losses:
  • Loss of joy and companionship.
  • Suffering and pain.
  • Lost income due to caring for a disabled child.
  • Medical and healthcare expenses.

The Birth Injury Compensation Claim

When a hospital provides negligent medical care during childbirth, they’re liable to be sued and forced to pay compensation. They can be charged to compensate victims for both economic and non-economic damages. However, before you file for a birth injury reimbursement claim, make sure you have legitimate claim.
Minor birth injuries such as bruising, swelling and discomfort are common problems that have no long-term effects, so they’re not worth suing for. But complications that were caused by negligence automatically makes the hospital and/or medical professional liable for birth injury claims. This is especially true when the complications have long-term effects.

Complications to Mothers and Newborns Include:

  • Internal tears or damage to the perineum
  • Premature separation of placenta from the uterus or placenta abruption
  • Problems with suturing or stitching that cause post-natal infection
  • Misdiagnosed/delayed pre-eclampsia
  • Muscular injuries such as Erb’s palsy or brachial plexus
  • Brain injuries
  • Trauma or injuries caused by caesarian section errors

To Make Sure You Make a Valid Claim, Keep This in Mind:

  • A doctor/healthcare provider-patient relationship should have been established.
  • A doctor/healthcare provider was clearly negligent during your treatment.
  • The birth injuries were direct effects of negligence from the doctor/healthcare provider.
  • Clinical errors occurred.

Who Can File a Birth Injury Lawsuit?

Generally, the parents or legal guardians of the infant can file a birth injury lawsuit. Because the medical expenses incurred by the birth injury fall on their shoulders. For cases that show delayed birth injury effects such as cerebral palsy or other brain injuries, the child makes the claim, if above 18. This can vary depending on the state you live in.

How much will you be compensated?

Every claim is different, with different amounts. Also, some states put a limit on the maximum amount you can claim, especially for non-economic damages. That said, you can expect to be compensated for the expenses.
  • Physical and/or occupational therapy.
  • Medical treatment expenses associated with the injury.
  • Home health care provisions.
  • Special education expenses.
  • Cost of earnings or salary which weren’t earned, due to the injury, because you missed work.
  • Counseling or other psychological and mental services.

Will You be Compensated for Attorney's Fees?

Most lawyers who agree to take on birth injury lawsuits work on a contingency-fee basis which doesn’t require you to pay them immediately. Usually, the complainant and defendant will have a settlement agreement. In that case, the issue will be settled out of court.
But if a settlement is not reached, the case will most likely go to trial. When you win the case and claim reimbursement, your attorney will usually just take a percentage of the total compensation claimed.

Will You Get Compensated Immediately?

You won’t receive your compensation immediately. It’ll take time and honestly, you’ll be lucky to receive it within a year of starting your case. Just be sure to keep all records and documents of your medical expenses throughout the process to ensure maximum reimbursement.
If you live in or near Houston, and believe you have a birth injury case, please reach out to us. We’re here to help. Otherwise, be sure to find a law firm in your area so justice can be served.