When Can You Seek Compensation for a Birth Injury?

May 10, 2021
BY: Lesnevich, Marzano-Lesnevich, O'Cathain & O'Cathain


Birth injuries, unfortunately, sometimes happen. It is especially sickening if these injuries were preventable or did not need to happen. If your child was injured during the birth process you deserve to be compensated for the injuries so that you can pay for any medical costs your child needs and for the pain and suffering the injury has put you and your family through. You need to file for compensation shortly after the injury occurs so that you do not miss the statute of limitations to apply. Make sure to speak with a birth injury lawyer, like one from Ward & Ward Law Firm, as soon as possible to get the process started. 

The Most Common Types of Birth Injuries

There are many different types of injuries that can occur during the birth process, but your doctor should know how to best prevent anything from happening. If something occurs due to a medical professional’s negligence, you may have a birth injury case. Some of the more common injuries that end up going to court include: 

  • Hypoxic Ischemic Encephalopathy (HIE), which occurs when the brain is damaged because of a lack of oxygen to the brain. This is one of the most common birth injuries. 
  • Periventricular Leukomalacia (PVL), which occurs when the white matter in the brain dies, which results in lost brain tissue. 
  • Intracranial Hemorrhage occurs when the brain begins to bleed. If the mother has high blood pressure, problems with the placenta, or infection, it can lead to this. 
  • Cerebral Dysgenesis occurs when the baby’s head is injured during or right after birth. 

The amount of things that can happen during the birth process are endless, so it is important to speak with a lawyer regarding whatever you and your baby are dealing with to see if you may have a case. He or she will be able to figure out whether or not the injury occurred due to negligence or if it could not be helped. 

Why You Need a Skilled Birth Injury Lawyer

It is crucial to have someone on your side who knows the ins and outs of personal injury law that focuses on birth injuries so that you do not miss anything. You need someone who will know what to file for, how much compensation to seek, and someone who will ensure you meet all filing deadlines. A good lawyer will do the necessary investigating to see what exactly happened during your birthing process and if the medical professional handling you was negligent in any way. Your lawyer can do this by hiring people to investigate the situation, by looking through your medical records, and by having an expert witness show up to court to testify on your behalf. Your lawyer will also be able to determine whether or not a settlement is fair and speak to other parties about your case. 

Contact a Birth Injury Lawyer Today

It is difficult to focus on anything other than your child once he or she is born, but it is important to contact a birth injury lawyer as soon as you are able to look at your case while it is still fresh. You also do not want to miss the statute of limitations to file. Reach out to an experienced lawyer today to set up a consultation.