Getting your Trinity Audio player ready...

Under 30,000 babies are born with some form of birth injury every year, which is, in fact, the fourth leading cause of infant mortality, accounting for 20% of infant deaths in the U.S., says Cerebral Palsy Guide. 

Birth injuries pose a significant dilemma for the families affected. All parties involved suffer constant pain from such injuries, which stay with the child forever. According to Los Angeles birth injury attorney Ken Sigelman, J.D., M.D., symptoms of birth injuries can take time to appear, so it is vital that you consult an experienced attorney if you suspect one has occurred.

What happens to a baby who has been injured so badly in the long run? More importantly, what are the legal steps one can take when a child sustains such injuries?

Let’s then examine the medical and legal perspectives.

What Exactly is a Birth Injury?

Before moving on to the effects, you should first focus on a definition of birth injury.

A birth injury is a physical injury that happens to a newborn during labor or delivery. There could be several reasons for this, including factors like the baby’s position at birth, the use of forceps, or bad medical care. Medical errors or neglect, not genetics, must prevent birth injuries. 

Potential Long-Term Effects of a Birth Injury

1. Physical Disabilities
   A birth injury may pose a serious disability for life. Some of these include cerebral palsy, brachial plexus injury, and Erb’s palsy. Such disabilities may limit fundamental motor skills of the children; they may call for prolonged physical therapy or even permanent adjustment.

2. Cognitive and Developmental Delays
   Brain injuries, like hypoxic-ischemic encephalopathy, can bring about a slow pace of growth in cognition and development. These injuries will hinder their learning, memory, and all other intellectual activities. Children in serious areas will receive lifelong support and special education.

3. Speech and Communication Problems
   Birth defects in the nerves of speech and brain areas cause speech impairments. These can be anything from small speech delays to losing all of your speech. These kinds of things get in the way of the child’s social life, growth, schoolwork, and chances.

4. Chronic Pain and Ongoing Medical Treatment
   Birth injuries can include long-term pain because of a fracture or nerve damage. The injuries usually call for surgery, physical therapy, and analgesics-a big burden financially and emotionally.
5. Psychological Effects
   People tend to underestimate the psychological effects on children and their families. A child, for instance, may experience anxiety or depression. Parents may experience guilt or frustration.

You should understand that if that injury leads to the infant’s death, the case shifts into the realm of wrongful death. If your negligence caused the child’s death, you can be held liable, and you need attorneys for wrongful death to help you pursue justice.

Legal Options for Families Affected by Birth Injuries

Dealing with an injured baby who has suffered birth injuries is quite challenging. You may face considerable financial hardships due to continuing medical bills.

1. Medical Malpractice Lawsuit
   Medical malpractice lawsuits are common. A standard of care is expected of doctors. If they violate these standards and injure someone, the families are entitled to compensation. Medical bills, anguish, and future care may be compensated.

2. Proving Negligence
   A higher level of negligence is required to prove a medical malpractice case. Negligence might mean failure to monitor the mother and child, misuse of delivery tools, or delayed action. Expert witnesses usually demonstrate the violation of accepted practice by the defendant.

3. Wrongful Death Claim
   A baby dies as a result of birth injuries in extreme cases. Families of birth injury victims may file a wrongful death suit. While it cannot substitute for the loss of a child, such avenues assist in covering funeral costs, medical bills, and emotional distress.

4. Settlement vs. Trial
   Most birth injury lawsuits settle out of court. Settlements are faster, less stressful, and may provide reasonable monetary compensation. When the responsible party refuses to settle or offers an inadequate amount, a trial becomes necessary. Your lawyer can recommend the best way to go about it.

5. Finding the Right Attorney
   Birth injury cases should be taken up by a medical malpractice and personal injury lawyer. The better the lawyer, the better the chance. They’ll advise you, gather evidence, and represent you in court or settlement talks.

Long-term birth injury problems can be quick and destructive, but families have legal choices. , Though compensation can’t replace their suffering, it may help your child pay their bills and get the therapy they deserve.