Birth Injury Lawsuit

A birth injury lawsuit is an option for children and families affected by medical negligence during delivery. When the attending medical staff fails to deliver the baby in a timely manner, is too rough when delivering the child, uses medical tools inappropriately, or fails to meet modern standards of care in any way, the child may be born with a irreversible birth injury.

The delivery room team in attendance is charged with the task of delivering your baby safely. They are armed with the tools to identify fetal distress, pinpoint its cause, and in most cases- are able to alleviate it before a birth injury results.  Sometimes, however, they fail to meet their burden at the expense of the child who may be harmed for life.

Wide range of birth injuries

A birth injury lawsuit can allege any number of birth injuries including:

  • Brain damage
  • Cerebral palsy
  • Stillbirth
  • Bone fracture
  • Erbs palsy
  • HIE (hypoxic ischemic encephalopathy)

Injuries may be inflicted before, during, and after delivery.

Medical negligence may be to blame

In many cases birth injuries may have been avoided.  They are often the result of the medical team’s failure to meet the requisite standard of care in any way including:

  • Failure to perform a timely C-section
  • Commits a C-section mistake
  • Improper response to fetal distress
  • Failure to identify or treat maternal infections and illnesses
  • Improper use of Pitocin
  • Excessive force on the fetus
  • Improper use of vacuums, forceps, or other delivery instruments
  • Inadequate maneuvers to alleviate shoulder dystocia

Filing a birth injury lawsuit

The severity of an injury varies by the individual. For most, no amount of compensation can pay for the pain and suffering inflicted on your family.  A successful lawsuit however, can help alleviate some of the financial strain that comes with being a victim or caring for a victim of a medical negligence.

The legal team of Balkin & Eisbrouch is committed to holding accountable the parties whose negligence changed your life. To learn more about your legal rights with regard to filing a birth injury lawsuit, please call today and speak with an attorney.  Legal consultations are complimentary and there are never any legal fees unless we recover monetary damages on your behalf.