Birth injuries occur because of the circumstance of the birth, not a defect. Birth injuries also occur if the doctor failed to properly identify the baby being in distress or the failure to properly deliver the baby using the correct means of extracting the child. All of those things can cause birth injuries. However, there are some injuries that babies are born with that are hereditary or congenital.
Depending upon the facts and circumstances of the case, the parents may have a potential medical malpractice claim, as would the child. Birth trauma cases are unique because their injuries and damages are something an individual would be born with and will have to endure their entire life. They are also unique because the minor has until the age of 18 to determine the severity or complexity of any sort of disorder or injury from their birth before filing a claim. The parents can file a claim for the medical bills early on as they are held to a different statute of limitations.
A diligent medical malpractice attorney could analyze the facts of the case and help determine the validity of the claim. With the help of an experienced Montgomery County birth injury lawyer, you could hold negligent medical professionals accountable for your child’s injuries.
How Does a Birth Injury Occur?
Many of the birth injuries that occur are due to a failure to properly identify signs of distress of the baby or failure to identify issues while the baby is in utero. This can be determined through routine testing. If that testing is not done, then there may be a case for malpractice.
The medical provider must have been negligent in some way in order for there to be any recovery of a birth injury case. There are often birth injuries that occur without negligence. Once an expert has testified that there was a breach in the standard of care and that the medical provider was negligent, then the parents may be able to recover compensation for damages.
Determining When an Injury Has Occurred
Once a child is born, something would be brought to the attention of the parents. There may not have been a normal birth, or there could have been an actual injury to the child that would be brought to their attention by the medical staff where the baby was delivered.
The next step is making the determination of whether the injury would have occurred to the baby without any medical malpractice, if the injuries could have been prevented if the healthcare provider adhered to the standard of care by ordering proper testing, or by doing proper timely procedures.
If it is an injury or symptom that does not appear until later, the child has until the age of majority (18 years of age) before the statute begins to run.
How Can Birth Injuries Result In The Manifestation Of Cerebral Palsy?
The cause of cerebral palsy is not certain. However, there is known evidence showing that health history of the mother and the prenatal health of the fetus can have an effect on whether that child is born with cerebral palsy. It is incumbent upon the medical provider to do proper testing, proper monitoring (ultrasound), and patient follow-up visits with the mother to determine whether things are progressing properly throughout the gestation period. Cerebral palsy can result before, during, or after the birth of a child.
What Is Erb’s Palsy?
Erb’s palsy is caused by the actual birth of a child; how the baby is extracted during birth. If they are improperly extracted, it can cause brachial plexus disorder or Erb’s palsy. Usually, this happens during a more complicated birth, but the baby still has to be extracted in a safe and proper way. If not, it can result in Erb’s palsy. There may be potential for a medical malpractice claim in this scenario.
The Statute Of Limitations For Montgomery County Birth Injury Cases
The statute of limitations in a birth injury case in Montgomery County is different for the child and the parents. The child has until they are 18 years old until the statute of limitations begins to run, which would then be an additional three years; until they are 21 years old. The parents do have to file within three years of discovery of the injury for any sort of medical bills that were already incurred during that period.
Retain The Services Of a Montgomery County Birth Injury Lawyer
Birth injuries occur often and can cause lifelong damages. If your health care provider caused your child harm during childbirth, you could hold them accountable for their negligence. A skilled attorney could help you through each step of the legal process. With the help of a seasoned Montgomery County birth injury lawyer, you and your child may be eligible to recover compensation for damages. Schedule a consultation today to discuss your rights and legal options.
