Birth injuries are the kind of injuries that occur to the mother during or around the time of labor. There are numerous reasons why injuries take place during birth or delivery. Common injuries like minor swelling or bruising to the mother generally heal within weeks. However, there are also some cases where a more severe birth injury occurs due to the mistake of medical staff.
If you or your baby has suffered injuries during birth due to careless treatment, contact an injury attorney louisville.
What compensation you are eligible for after a birth injury?
Everyone wants childbirth to go as smoothly as possible. The consequences of birth injury can be life-changing and also fatal sometimes. Seeking birth injury compensation can be the last thing on your mind in such a traumatic and stressful situation.
If you want to make a birth injury compensation on behalf of you or your child, you must prove the following.
- The doctor or staff failed or delayed doing something or made a mistake that no qualified and capable professional in his position would have made.
- The birth injury was the result of the mistakes made by the professionals.
You can make a birth injury claim on behalf of your child until they turn 18 years old. After that, your child can make a claim on their own up to 21 years of age. It is because damages like brain injury need time to be appropriately diagnosed.
Talk to a birth injury attorney to determine the best way to file a case for birth injury. Your lawyer will review your case and decide whether negligence or malpractice played a role. Any birth injury compensation for the medical malpractice of a child less than one year old is $1million. The amount of compensation you deserve depends upon the different factors mentioned below.
- Amount of negligence involved
- Your child’s loss of independence.
- The severity of the injury.
- Lost wages if you stopped going to work.
- Medical bills
When should you file a birth injury claim?
It is recommended to act quickly when you realize your child has suffered an injury. However, most states like Lousiana have set this limit to two to three years. You should talk to your lawyer to avoid missing the deadline.
What type of injuries is acceptable in making a birth injury compensation claim?
Different types of injuries, disabilities, and conditions fall under birth injury.
- Nerve damage
- Brain damage
- Shoulder dystocia
- Cerebral palsy
- Newborn jaundice