Birth Injury FAQ

Answering Your Questions About Birth Injuries

Birth injuries are devastating for both the infant and the parents. If your child has been diagnosed with a birth injury or you suspect a possible birth injury, you probably have a lot of questions about birth injuries, medical malpractice and the legal process.

At The Lancione Law Firm, we can help you find answers. Below, we have compiled some of our clients’ most frequently asked questions about birth injuries. If your question is not answered here or you would like additional information about pursuing a claim, please reach out to us for a free consultation.

How common are birth injuries?

The Centers for Disease Control and Prevention (CDC) reports that seven out of 1,000 babies born in the United States will experience a birth injury. Some of these injuries are impossible to prevent, but others are caused by medical negligence.

What are some examples of birth injuries?

Some of the most common birth injuries are:

  • C-section errors
  • Brachial plexus injuries
  • Impeded oxygen or blood flow to the brain
  • Hypoxic-ischemic encephalopathy
  • Preeclampsia
  • Uterine rupture
  • Umbilical cord prolapse

What signs might indicate that a birth injury was caused by medical malpractice?

The following must be proven to show that medical malpractice caused a birth injury:

  • A health professional owed you a duty of care.
  • They deviated from an established standard of care.
  • Their deviation from the standard of care caused an injury to your baby.

Trust your instinct in these matters. Do you feel like your doctor is not being honest about what happened during childbirth? Have you received conflicting information from nurses or other parties that were present? Are they withholding medical documentation that you have requested? While you may not have tangible proof of medical malpractice at this point, you can have an attorney evaluate your case for free.

What if I think my doctor isn’t being honest about what happened?

When you ask your doctor a question, are their answers inconsistent? Perhaps their answers do not match up with what you or other parties present experienced during childbirth. Doctors and other medical professionals are not likely to admit their mistakes. Doing so would put their career in jeopardy. They or the hospitals they work for often hire powerful lawyers to defend them at all costs. If you believe your doctor is not telling the truth about your child’s birth injury, an attorney can investigate your claim to help you get the answers you deserve.

How can I make sure I get fair compensation for the birth injury?

You should be compensated for medical bills, lost wages and other costs associated with the birth injury. This can be a substantial amount if your child has a condition like cerebral palsy or Erb’s palsy that will impact them for the rest of their life. A life care plan may need to be created to show what a lifetime worth of medical care will cost. Be careful not to accept a low settlement from the insurance company. Whether you have been offered a settlement or you are still early in the process, a skilled lawyer will help you calculate full compensation and fight to make sure you get every penny.

Get More Answers To Your Birth Injury Questions

We are here to help you get answers to your questions. Schedule a free consultation with The Lancione Law Firm in Cleveland. To reach us, you can call 440-571-6862 or send us an email. No one should have to endure a birth injury alone. We are here for you.


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