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Should You File a Birth Injury Claim?

The Becker Law Firm, LPA

The only thing that is more tragic than an infant injured at birth is the knowledge that the injury could have been avoided. Birth injury claims are designed to allow victims of negligence recover compensation for damages from those responsible for the injuries or other damages – such as negligent medical professionals.

But birth injuries can also be caused by natural contractions or other complications, even if the doctors and nurses do their jobs perfectly. So if your child has been injured, you might be wondering whether or not you should file a claim.

Evaluating Birth Injury Claims

The best way to determine whether or not you have a valid malpractice claim is to discuss the matter with an attorney who is familiar with birth injury cases. However, you can get a pretty good idea by looking at these simplified requirements for a medical malpractice claim.

First, you must show that there was duty to provide clear, and there was a clear breach of the standard of care. Second, you must show that the injury was a result of that breach and you have experienced damages.

Examples of breaches of standard of care that may lead to birth injuries include:

  • medication or prescription errors;
  • failure to properly monitor the child;
  • allowing labor to be unnecessarily prolonged;
  • improper use of medical devices (e.g. forceps or vacuum extractors); and
  • failure to act appropriately in the event to fetal distress.

For a more detailed evaluation of your claim, contact an attorney familiar with birth injury claims. An attorney at The Becker Law Firm in Cleveland offers free consultations, so call us at: (440) 252-4399.

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