Birth injury claims for compensation: File your claim

You expect your child to be safely delivered without suffering an injury during their birth, but if it does, then it might have life-changing results for the entire family. If your child has been injured while delivery then you may be entitled to claim compensation. Making a claim is a time-taking process, and you will need to put a lot of faith in the medical experts. In another scenario, the birth injury can happen to the mother as well.

Such cases tend to be more complex because of the medical and legal technicalities involved including expert advice on long-term needs. However, the plaintiff has legal rights to claim their cases to bring defendants under lawsuits. This act of negligence is the long-term suffering of both mother and newborn with disabilities. Birth injury claims revolve around settlements and trials. Which is costly, if the case is on trial. Continue reading to explore how injuries occur in the first place and how to get compensation from the defendants and manage expenses.

What are birth injury claims?

Birth injuries have a huge impact on either mother’s or newborn’s life. In the worst cases, one of the infant’s parents has to sacrifice their job for assistance. Which is another stress for financial damage. For much-needed support, the United States has organizations that help to stand with victims. It is legal to make compensation for birth injuries. However, for the occurrence of any medical negligence, claims require strong evidence from the plaintiff.

Further, when your claim starts processing as per legal requirements, you need to appoint a medical professional to support your claims in court. Reasons for filing birth injury claims are a great help for the affected survivors.  It will minimize half of the financial problems of the plaintiff. Since 1989 the birth injury ratio has increased frequently.

What are the most common birth injury claims?

The most common birth injury claims are cerebral palsy and Erb’s palsy. Cerebral palsy is a group of reflexes disorders. It includes an unbalanced body, no movement in muscles, and abnormal posture. CP is directly linked with the brain. It occurs in abnormal development of the brain. Cerebral palsy is the most diagnosed disorder in newborns. Almost out of 4 of 1000 babies are victimized with this disorder.

Erb’s palsy is a disorder of stiff muscles which causes body paralysis. It usually occurs during birth. Nerve damage in newborn babies causes Eb palsy.

Although, such cases have time limitations to claim their compensation for medical negligence. Three years is the time limit after diagnosis of the injuries. Date matters in comp claim to arrange the treatments. The ideal time of filing compensation is under 18 years old of the affected person. Which helps to locate any dislocated muscle during the time of muscle development.

Pursuing lawsuits for compensation is a great help for parents. It will hold the responsibilities of treatments, therapies and also prove the assistance to the injured baby. Consulting the birth injury attorney will not recover the parent’s pain for their injured infant, but it will surely ease their half stress of survival.

Birth injury claims in the US

According to a study, medical malpractice occurs because of incorrect diagnoses. Many injuries are projected during birth. Around seven percent of the injuries are diagnosed in the child’s first year. The other fourteen percent of damage projection is when a child starts going to school. Furthermore, typically males are more able to sustain their birth injuries rather than females. In 2000, around 6.83 out of 1000 males suffered, while in contrast 5.6 out of 1000 females survived from birth injuries. Every year 90 percent of deliveries happen in the United States with no complications. Which requires special assistance. Most of the time patients leave the birth stress to the doctors, to take care of the process. But the triumph is not pledged all of the time. Unfortunately, there are 28,000 birth injuries every year.

Types of birth injuries

There are several injuries, can happen to an infant. Birth injury is suffering for a baby or in some cases for a mother as well, that falls into three stages: before, during, or after birth. Minor injuries are not very harmful to babies; they will heal after some time. While the major one can cause the disturbance of disability for the rest of the child’s life. Getting through a perfect and early diagnosis can lead you to a specific trauma. Some of the birth injuries can be diagnosed during the time of birth, or some others might be discovered after a few months or after a year of age.

Doctors run a few major tests to examine the injuries. Once any damage appears then the next step goes to prognosis. A condition to project a medical state. Birth injuries in prognosis include body fractures and lacerations, it is preventable which requires recovery. Getting full recovery needs quick projection and treatment.
Early discovery of damages can help to recover the infant. But some injuries are hard to control. For example; a brain injury may have no cure to prevent but, addressing the damage early may help to improve some life cases. Parents must keep a check on their infants.

Causes and symptoms of birth injuries

Following are the birth injury causes and symptoms.


  • Delayed birth
  • Oxygen deprivation
  • Viral or bacterial infections

Symptoms after birth

  • Pale skin
  • Slow respiration
  • Abnormal reflexes
  • Stiff body
  • No response to noise
  • Consciousness

Symptoms during childhood

  • Learning problem
  • Speaking problem
  • Abnormal behavior
  • Unclear vision and hearing

Ending note

If you want to make birth injury claims, then you talk to the experts who provide a free consultation in such matters. Moreover, the lawyers and legal experts will look into the case and will advise you regarding the next course of action.

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