Understanding Birth Injury Law: Your Guide to Legal Rights

The birth of a child is supposed to be a joyous occasion. But when something goes wrong during the delivery process, it can lead to devastating consequences.

Birth injuries are unfortunately more common than we would like to believe. They can have long-term physical and emotional effects on both the child and their family.

In such cases, understanding your legal rights becomes crucial in seeking justice for your child’s suffering. So make sure to read this guide as we will walk you through important aspects of birth injury law.

Medical Negligence

Medical negligence occurs when a healthcare provider fails to provide the standard of care expected during a medical procedure. In the case of birth injuries, medical negligence can include improper use of delivery tools such as forceps or vacuum extraction.

It can also be a failure to monitor vital signs or detect fetal distress leading to brain damage and delays in ordering emergency c-sections.

It’s important to note that not all bad outcomes result from negligent care. Complications can arise even with proper treatment and procedures followed diligently.

Types of Birth Injuries

Several types of birth injuries can occur during the delivery process. Some of these injuries are minor. Others can be life-threatening and have long-lasting effects on the child’s health.

Cerebral Palsy

One common type of birth injury is cerebral palsy. This affects a child’s motor functions. This condition occurs when there is damage to the brain before, during, or after birth. It can cause:

stiffness
weakness
lack of muscle coordination

This makes it difficult for children to move their arms and legs effectively.

Brachial Plexus Injury

Another type of injury is brachial plexus injury. It affects the nerves that control movement and sensation in the arms and hands. This type of injury can occur when excessive force is applied to the baby’s head or neck during delivery.

Fractures

Fractures are another common occurrence during childbirth. The most commonly fractured bone in newborns is the clavicle or collarbone due to pressure exerted by medical professionals while trying to deliver a baby who may be stuck.

In addition to these injuries mentioned above, other types include:

skull fractures
spinal cord injuries
facial paralysis

It’s important for parents whose children experience any kind of birth trauma resulting from medical negligence should consult with experienced legal counsel for medical malpractice at The Alvarez Law Firm as soon as possible.

Statute of Limitations

When it comes to birth injury cases, there is a time limit within which you can file a lawsuit. This time limit is known as the statute of limitations. The purpose of this deadline is to ensure that evidence and witness testimony are still fresh and available.

The statute of limitations varies from state to state. But in most cases, it ranges from six months to two years after the incident occurred. It’s crucial to understand your state’s specific laws regarding the statute of limitations for birth injuries.

If you fail to file your birth injury claim before the deadline expires, you may lose your legal right to seek compensation for damages caused by medical negligence during childbirth. In some states, however, certain exceptions exist that could extend or pause the statute of limitations period.