Birth Injuries

Your choice of attorney to represent your interests during a birth injury case could mean the difference between successful negotiations or expensive, ongoing litigation. Please contact our firm today to schedule a consultation with a personal injury attorney who can provide a clear explanation of your legal rights and options.

Birth Injuries Resource Links

KidsHealth.org
Provides doctor-approved health information about children from before birth through adolescence.

The Food and Drug Law Institute
Examines the laws, regulations and policies related to drugs, medical devices, other health care technologies and foods.

United Cerebral Palsy
Provides information, links and resources on cerebral palsy.

National Patient Safety Foundation
Non-profit organization providing patient safety literature, research, policy initiatives and more.

Consumer information for women: Pregnancy
Information provided by the Food and Drug Administration on topics important to women expecting a child or trying to become pregnant. Some topics include the use of misoprostol during delivery, food safety, and the use of medications during pregnancy.

Birth Injuries - An Overview

When having a child, the last thing parents want or need to worry about is the possibility of their baby being harmed during the delivery. While most births go smoothly, some have complications. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact Roxanne Conlin & Associates, P.C. in Des Moines, IA, to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.

Types of Birth Injuries

Birth injuries vary in severity and type. While many will correct themselves within the first months to year after delivery, not all of them do. In serious cases, the baby can suffer permanent injury. Many birth injuries result from the delivery itself as the baby makes its way down the birth canal. But some birth injuries occur when the treating physician fails to adequately assess or respond to conditions or complications during a woman's pregnancy or delivery.

Some types of birth injuries include:

Birth injuries are different from birth defects. Birth injuries occur during difficult deliveries in which something goes wrong - whether the child is in a breech position, is too large to move through the birth canal or suffers some other distress. Birth defects are caused by some factor before or during pregnancy, such as a genetic disorder, the mother's use of illegal drugs, alcohol or tobacco, or by some prescription medications.

Responsible Parties

In a birth injury case, several parties may share liability for the injury to your child. The doctor or team of doctors who delivered the child may be liable for failing to follow the standard of care during your delivery. The hospital, nurses and other care providers, such as interns, residents, techs and nursing aids, also may be named parties for their actions. If the doctor is part of a private practice, the practice also may be named in the suit in certain situations. If a medication prescribed by your doctor and correctly taken by you led to a birth injury or birth defect, the manufacturer of the medication may be named in a products liability suit. Your attorney will determine which parties may be subject to liability based upon the facts and laws governing your situation.

Proving a Birth Injury Case

To prevail in a birth injury case, the plaintiff must prove:

The plaintiff must show that it is more likely than not that the birth injury occurred because of the doctor's acts or omissions during the birth of the child. Failure on the part of the plaintiff to prove any one of these elements will result in the plaintiff losing his or her case.

Defenses to a Birth Injury Claim

There are three common defenses used by physicians who are facing a medical malpractice suit for a birth injury:

Damages in Birth Injury Cases

The child, mother and father may be entitled to damages stemming from a birth injury, including damages for:

The specific types of damages you may be entitled to will depend on the facts of your case and applicable state or federal law. An attorney experienced in birth injury cases can discuss your options for recovery in greater detail.

Speak to a Birth Injury Attorney

Dealing with a birth injury to a child is never easy and always emotional. While not all birth injuries are legally actionable, yours may be. Contact Roxanne Conlin & Associates, P.C. in Des Moines, IA, today to schedule a consultation with a medical malpractice lawyer to discuss your case.

Birth Injuries - An Overview

When having a child, the last thing parents want or need to worry about is the possibility of their baby being harmed during the delivery. While most births go smoothly, some have complications. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact Roxanne Conlin & Associates, P.C. in Des Moines, IA, to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.

Types of birth injuries

Birth injuries vary in severity and type. While many will correct themselves within the first months to year after delivery, not all of them do. In serious cases, the baby can suffer permanent injury. Many birth injuries result from the delivery itself as the baby makes its way down the birth canal. But some birth injuries occur when the treating physician fails to adequately assess or respond to conditions or complications during a woman's pregnancy or delivery.

Some types of birth injuries include:

Birth injuries are different from birth defects. Birth injuries occur during difficult deliveries in which something goes wrong - whether the child is in a breech position, is too large to move through the birth canal or suffers some other distress. Birth defects are caused by some factor before or during pregnancy, such as a genetic disorder, the mother's use of illegal drugs, alcohol or tobacco, or by some prescription medications.

Responsible parties

In a birth injury case, several parties may share liability for the injury to your child. The doctor or team of doctors who delivered the child may be liable for failing to follow the standard of care during your delivery. The hospital, nurses and other care providers, such as interns, residents, techs and nursing aids, also may be named parties for their actions. If the doctor is part of a private practice, the practice also may be named in the suit in certain situations. If a medication prescribed by your doctor and correctly taken by you led to a birth injury or birth defect, the manufacturer of the medication may be named in a products liability suit. Your attorney will determine which parties may be subject to liability based upon the facts and laws governing your situation.

Proving a birth injury case

To prevail in a birth injury case, the plaintiff must prove:

The plaintiff must show that it is more likely than not that the birth injury occurred because of the doctor's acts or omissions during the birth of the child. Failure on the part of the plaintiff to prove any one of these elements will result in the plaintiff losing his or her case.

Defenses to a birth injury claim

There are three common defenses used by physicians who are facing a medical malpractice suit for a birth injury:

Damages in birth injury cases

The child, mother and father may be entitled to damages stemming from a birth injury, including damages for:

The specific types of damages you may be entitled to will depend on the facts of your case and applicable state or federal law. An attorney experienced in birth injury cases can discuss your options for recovery in greater detail.

Speak to a birth injury attorney

Dealing with a birth injury to a child is never easy and always emotional. While not all birth injuries are legally actionable, yours may be. Contact Roxanne Conlin & Associates, P.C. in Des Moines, IA, today to schedule a consultation with a medical malpractice lawyer to discuss your case.

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