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Birth Injuries, Birth Defects And Complications
Ten fingers, ten toes, and healthy: ask any parents, and they will tell you this is all they want. They want their child to have the best possible start – the best possible life. They want the possibilities to be endless.
We want that for you, too. But we also know that things don't always go according to plan – and that a single act of negligence can lead to a lifetime of difficulties and complications. You need to be prepared for what might happen if a mistake is made, a diagnosis is missed, or another act of malpractice takes place. Having that information at your fingertips can help you make the right decisions for yourself and your family.
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Complications And Difficult Pregnancies
While we hope your pregnancy is smooth sailing, we know firsthand that no woman finds pregnancy, labor or birth easy. In some cases, complications arise that could put a serious strain on the mother and the child. If they're not diagnosed and treated early, it could lead to birth injury.
Birth Injuries And Birth Defects
There are two things you need to know.
- If your child sustained a birth injury because of medical negligence, it is not your fault.
- If your child was born with a congenital birth defect, it is not your fault.
After so many years of working with families whose children have been injured or hurt, we know that it is easy to feel frustrated, angry and – yes – even guilty. But when a medical professional fails to uphold his or her duty, it is not your fault. That negligence can easily lead to a permanent, catastrophic injury to the mother or the child. If it does, you're going to need information about your next steps that you can trust.
What is a birth defect?
A birth defect is an abnormality, usually congenital, that forms with your baby. A child born with two different colored eyes has a birth defect, because heterochromia, technically, a genetic abnormality. One in every 33 babies born each year in the U.S. has a birth defect.
Sometimes, these defects are harmless. Sometimes, they cause long-lasting, even permanent disabilities.
What is a birth injury?
A birth injury occurs during pregnancy, during labor or during the delivery process. Sometimes birth injuries will heal on their own. However, some injuries are so serious, they require rehabilitation, surgeries and medication to correct – and some will never heal. They are traumatic experiences, and in every single case we have taken, they were the direct result of medical negligence.
Understanding Your Legal Options
If your child, or the mother of the child, sustained a birth injury during pregnancy, labor, delivery or post-labor process, you may have grounds to file a claim for compensation. In order to make a successful claim of malpractice, your attorney must be able to prove:
- A doctor-patient relationship existed, and thus we were owed a duty of care
- The doctor was negligent and failed to uphold his or her duty of care
- This negligence caused the injury
- The injury led to certain damages (physical disabilities, lost wages, pain and suffering, or other such results)
If the liable parties deny wrongdoing, or the insurance company fails to offer a just and fair settlement, your best option might be filing a birth injury lawsuit.
Before filing a lawsuit, our team reviews your medical history and your baby's, as well as any expenses incurred. With multiple on-staff registered nurses, we can ensure that your information is examined not only by experienced trial attorneys, but also by trained members of the medical field. You don't have to go through this alone. Get in touch by calling or sending an email to set up a no-cost, no-obligation consultation at one of our offices in Kentucky or Ohio.