Few events in life are as thrilling as welcoming a new member of the family into your home. All you want is for your new child to thrive. But what if something goes horribly wrong during delivery?
Some complications are unavoidable; but if a serious birth injury occurs due to the negligence of doctors, nurses, or other hospital staff, you will want to seek compensation for your child’s current and future medical needs, in addition to related expenses and any other appropriate non-economic damages (such as emotional distress) your family may incur.
But even if your claim is air-tight, you won’t get your settlement right away. Bills can pile up, leaving you behind on rent or living expenses. It seems unfair, but lawsuits can take a year or more to settle or reach a verdict.
If you have an ongoing lawsuit with an expert witness, you may be eligible for funding from Provident.
Common Birth Injuries
Generally, birth injuries resulting from third-party negligence fall into one of two main categories: those caused by doctors or hospital staff during the birth (such as failing to properly assess conditions) and those caused by negligent prenatal care (wrong medications, failure to assess a particular medical problem).
The following are a few of the more common birth injuries, often attributed to medical malpractice:
- Brain Injuries: Brain injury in newborns typically is blamed on prolonged periods of oxygen deprivation, which can cause cerebral palsy and chronic seizures.
- Fractures: Strong pulling during difficult deliveries can fracture or even break bones. Most fractures that occur during childbirth involve the collarbone.
- Brachial Palsy: When the bundle of nerves that controls the arms (called the brachial plexus) is injured during childbirth, typically from the use of too much force during labor, it can result in Erb’s palsy or Klumpke’s palsy. Brachial plexus injuries can be mild or result in paralysis of the arms and hands.
- Cephalohematoma: This condition involves bleeding underneath the skull and a bump on the surface of the head. Forceps or other medical devices often cause these types of injuries.
- Caput Succedaneum: Pressure on an infant’s head during long or particularly difficult deliveries can cause a severe swelling of the scalp, called caput succedaneum. Failure to detect certain conditions before delivery may increase the odds of this occurring.
Birth Injury Claims
Birth defects are abnormalities beyond the control of physicians and hospital staff (such as genetic or many prenatal conditions), but you may file a claim against the responsible parties if a birth injury is caused by negligence.
Damages in birth injury claims may include:
- Medical care
- Home care
- Time away from work to care for your child, etc.
- Physical pain and suffering
- Ongoing or continuing medical care
Getting Peace of Mind While You Wait for a Settlement
If your child has an injury requiring special treatment, hospital visits, or special modifications to your home, for example, you won’t have time to wait for a settlement that may take as long as a year or more. Provident Legal Funding can send you a cash advance on your settlement within 24 hours if you qualify, with no obligation to pay it back in the event you don’t prevail.