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Birth Injury Lawsuits

Submitted by jrlaw on Jul 9th, 2010

Birth injury lawsuits have much in common with other types of malpractice suits. The crux of the issue is that the doctor or hospital failed in their duty to provide for the well-being of their patient, in some regard. In the case of these suits, it can be either the child or the mother who was harmed, or both, but it’s often the child who suffers the most from medical malpractice during the birth process. One of the most common types of injuries to occur at birth results in cerebral palsy, a disorder with no cure that oftentimes requires a lifetime of care.

In the case of cerebral palsy in infants, the condition results from the baby’s body being deprived of oxygen for too long. This results in brain damage. The damage occurs in those areas of the brain responsible for muscle control, and this can lead to problems with walking, use of the arms or even control of the face. There are multiple types of cerebral palsy, some of which affect the entire body and others that affect specific areas of the body. Some babies are unfortunate enough to have more than one type of this disorder.

A cerebral palsy lawyer will look back to try to see if medical negligence led to that injury. In some cases, it will be obvious that malpractice was the problem and a settlement will be reached out of court. In others, the case will go to trial and a jury will be responsible for awarding damages, or not. Not all cases of cerebral palsy are the result of medical malpractice. Like so many other types of injuries, this one can occur before, during or after the child’s birth. Experts in the field help lawyers to determine what happened.

If your baby suffered brain damage, it may be due to medical malpractice during the birth process. Only a lawyer can determine for sure whether or not you have a case that the injuries were suffered due to medical malpractice. If you cannot afford a lawyer, you can oftentimes engage their services on contingency. You don’t pay for this upfront; you pay if you win your case, but not otherwise. A consultation with a lawyer may be the best thing you can do. If you have a case and, if it wins or is settled, you could receive financial compensation.