Frequently Asked Questions: Do I Have a Birth Injury Lawsuit?

Question: Is there a difference between a birth defect and a birth injury?

A: Birth injuries are typically caused by something that went wrong during the process of delivering the child. On the other hand, birth defects tend to involve harm to a baby that originated prior to birth, usually from something that happened during or before the pregnancy.

Question: When can legal action be taken for birth injuries?

A: Most birth injury cases occur when a doctor fails to properly assess or respond to various conditions and complications during a woman's pregnancy or delivery, or when a doctor prescribes drugs during  the pregnancy that causes harm to the baby.

Question: What is medical malpractice?

A: Medical malpractice refers to the negligence that has been committed by a professional health care provider such as a doctor, nurse, dentist, technician, hospital, or hospital worker. When a health care provider departs from the standard of practice that those with similar training and experience would use in a similar situation, and a patient suffers harm, they can be sued for medical malpractice. The standard for malpractice is set by the customs and standard practices of the profession itself.

Question: Are birth injuries common?

A: Research estimates show that for every 1,000 babies born in the United States, five will end up suffering an injury during birth.

Question: When it comes to birth injury lawsuits, how does a jury determine if a doctor acted in accordance with the standards of good medical practice?

A: To determine if a heath professional acted negligently or not, a jury will consider testimony from experts in the field, usually from other doctors. These experts will testify if they believe a physician's actions followed standard medical practices or fell below the accepted standard of care for a patient.

Question: What are "teratogens," and do they cause birth defects?

A: A teratogen is a chemical or agent that causes birth defects in children. A number of different drugs have been found to contain teratogens, many of which were initially meant to aid women during their pregnancies. Examples of teratogens include Delalutin, a drug administered to pregnant women for the prevention of miscarriages, and Bendectin, a drug that is given to pregnant women to help them fight nausea.

Question: How common are birth defects?

A: It is estimated that 7% of all babies are born with either a minor or severe birth defect or irregularity.

Question: Is cerebral palsy a birth injury?

A: Cerebral palsy is the generic term for a number of disorders that affect a baby's brain function and ability to move their body. Cerebral palsy can be caused from an injury to a baby's brain in the womb, during the delivery process, or sometimes after birth. Cerebral palsy can also be caused by a lack of oxygen flow to a baby's brain when they are being delivered.

Question: Who will receive compensation after a successful birth defect or injury lawsuit?

A: If the child who suffered the birth injury or defect survives their condition, the damages awarded in a successful lawsuit will generally go to the child, sometimes in the form of a trust. In some situations, parents can also receive compensation for the emotional distress they have had to endure.

Speak to a Baltimore Attorney Today

At Brown & Barron, LLC, our team of skilled attorneys are committed to providing our clients with legal representation they can trust. We understand how distressing it can be to realize your baby suffered harm before, during, or after birth. Let us help you secure the maximum amount of compensation you are entitled to.

Contact our Baltimore birth injury litigation lawyers to schedule your free consultation. We are here to help you 24 hours a day, 7 days a week.

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