A birth injury is a physical injury to a baby that occurs during, before, or shortly after birth. These injuries can often be seen with low APGAR scores, abnormal fetal heart monitoring, prolonged rupture of membranes during labor, and delayed cesarean sections (“C-sections”) and can cause oxygen deprivation, hypoxic ischemic encephalopathy (“ HIE “); cerebral palsy, infections, brachial plexus injuries and other developmental delays or disabilities. While some birth injuries are minor and resolve by themselves without treatment, others can cause severe damage that leads to lifelong disabilities or even be fatal. Keep reading to learn more about what qualifies as a birth injury, frequently asked questions about this type of injury, and what to expect with a birth injury lawsuit.
FAQs About Birth Injury Lawsuits
Q: How much money will I be awarded for a birth injury settlement or jury verdict?
A: The amount you receive in damages will depend on how badly your child was injured, the medical, rehabilitative, and other care needed, and how long the need is expected to last. Some pediatric medical malpractice cases that Garmey Law have brought forward resulted in damages and life care plans put into special trusts to provide for the child of ten million ($10,0000.00) or more.
Q: How much time do I have to file a birth injury lawsuit in Maine?
A: You may have as little as three years from the time of the injury to file a lawsuit.
When Can You File a Birth Injury Lawsuit?
You may be able to file a lawsuit seeking monetary damages if your baby suffered severe damage from a birth injury, a healthcare professional and/or hospital was negligent, and the negligence caused the birth injury.
If your child is seriously injured or disabled because of someone else’s errors, you deserve to have enough money to pay for the care your child needs for the rest of his or her life. A malpractice claim for injuries caused by unreasonable care during the labor and delivery of your child may provide the necessary funds to give you the peace of mind of knowing that your child will be able to afford the treatment, rehabilitation services, and competent health care providers necessary to maximize their quality of life for as long as extra care is needed.
Why You Need an Experienced Birth Injury Attorney
A birth injury lawsuit is a type of medical malpractice lawsuit. This area of law is highly technical and complex. You need a malpractice attorney with the necessary knowledge and experience, and access to pediatric experts whose testimony will be crucial to winning your case.
Healthcare professionals are legally obligated to practice medicine according to established standards of care and exercise reasonable judgment. If they fail to meet those standards and those failures cause harm to a patient, they may be liable for damages due to their negligent conduct. Even the best healthcare providers and hospitals can make mistakes – that is why they carry malpractice insurance.
Your attorney has to prove that the professionals and/or healthcare facilities you are suing harmed your baby by failing to meet professional standards. The experienced birth injury attorneys at Garmey Law have a network of medical experts they can rely on to:
- Analyze documents
- Provide expert testimony about what the applicable professional standards are and why they were not met during the delivery of your baby
- Rebut defenses (and they always find one) made by the other side’s lawyers
In addition to Garmey Law’s team of experts, we also consult economists who provide projections of how much compensation you need based on the expected lifetime costs of providing care for your child.
Get Help in Maine From Experienced Personal Injury Attorneys
The personal injury lawyers at Garmey Law have the experience and resources you need to fight for your rights when medical negligence tragically harmed your baby. Contact us today for a free consultation.
