Birth injuries are a tragic thing for any new parent to have to experience because there are many times in which a birth injury can lead to death or the life-long suffering and illnesses for the child. If there is a complication during the birthing process, rather than having a healthy new born baby boy or girl, parents may be left to deal with around the clock medical care because of whatever happened to their little one. While some complications are not related at all to the medical care that the mother and the child received, there are situations in which the illness, disability or death could have been entirely preventable had the doctor not been negligent in their actions with the patients. If you believe that your child is a product of medical malpractice, be certain that you contact not only an experienced attorney, but also one who is uniquely practiced in the area of medical malpractice as it takes both a knowledge of medical factors as well as an extensive comprehension of the laws in your state. Here are a few questions that often arise in regards to medical malpractice specifically for birth injuries.

A common question about this area of malpractice is knowing the difference between a birth defect as opposed to a birth injury which caused a defect. In most cases, birth defects are detected early on for the parent whereas an injury is usually something that is directly caused by an error or complication during the pregnancy or actual birthing process. Another question that is asked is how a person can know when it is the right circumstance to pursue a lawsuit for malpractice because of their child's suffering. If you are at all concerned by contacting a trusted lawyer, you will be able to determine what the best course of action will be. Generally, when the doctors acts unprofessionally or gives substandard treatment or somehow fails to address a specific condition that otherwise could have prevent your child's illness, then you may have a claim. Also, if a doctor prescribes you medication (while having full knowledge of your pregnancy) and then your baby had an injury, this too may be considered a form of malpractice as well.

Parents often wonder if all birth injuries mean that they can file a lawsuit against the doctors or the hospital, and that is simply not true. When giving birth, it is very natural that complications arise and in many cases injuries are unavoidable. There is a very big difference between a complication and a negligent doctor, and in order to win a medical malpractice lawsuit, you and your attorney will need to be able to prove that fact. That being said, you must have a strong understanding what actual medical malpractice is before you pursue a birth injury lawsuit. As stated above, negligence must be the factor that led to the baby's illness or physical harm. Someone on staff, whether it be your delivery doctor, the prenatal physician, the nurse on duty that night or even a technician, they must have been guilty of negligently action, or otherwise not giving you the standard of care that you and your baby needed.

According to general statistics, three are at least 5 in 1000 birth injuries for all babies born in the U.S. each year. So while it is not extremely common, that is still far too many children who are not going to have the chance to live what we would call a normal life. I you are certain that your child's suffering Is a result of malpractice, please use our site today to find a medical malpractice attorney near you!