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A birth injury is a devastating tragedy that can often be prevented by proper medical care during pregnancy, labor and delivery. When a physician, nurse or health care practitioner is negligent – fails to use the right amount of care – he or she can give an infant a life-changing injury. If your child has been diagnosed with a birth injury, contact the Peoria birth injury lawyers at The Law Offices of John Phebus for a free consultation. We care about families in our community and are passionate about pursuing justice on behalf of injured infants.
The definition of a birth injury is harm suffered by an infant before, during or shortly after birth. In civil law, a birth injury typically describes an infant injury that was caused by medical malpractice or negligence, meaning it could have been prevented with proper medical care. A birth injury lawsuit is a claim to financial compensation that parents can file against an at-fault party for causing the injury. Common examples of birth injuries are:
Birth injuries can be caused by medical malpractice during the mother’s pregnancy, such as the failure to diagnose a prenatal problem. Birth injuries can also arise from problems during labor and delivery, such as vacuum extraction complications, the baby getting stuck in the birth canal, or a long and difficult birth. If a physician reacts to a complication poorly, such as by using incorrect birthing techniques or failing to order an emergency C-section, the doctor or hospital can be legally responsible (liable) for a related birth injury.
The liable party in a birth injury case depends on the cause of the injury. An investigation is often necessary to determine who or what caused the infant to be injured. The liable party will be the person or entity that failed to take reasonable care or act according to the standards of the medical industry. This could be a prenatal doctor, obstetrician, nurse, delivery doctor, surgeon, assistant, hospital, birthing center, medical product manufacturer or other parties. A personal injury attorney in Peoria can help you determine who is at fault in your case.
The best way to find out if you have a claim is by consulting with a birth injury lawyer in Peoria. A lawyer will carefully review the facts of your case to let you know if it has merit. In general, a plaintiff must show that a defendant had a duty of care, breached this duty and caused the injury in question for a valid claim to compensation. A breach of duty in a birth injury case often means an act of medical malpractice.
The recoverable damages, or financial compensation, in a birth injury case can reimburse a family for both economic and noneconomic losses. A successful claim could repay you for present and future medical bills, travel costs, the infant’s pain and suffering, your mental anguish, a permanent disability, legal fees, punitive damages, and more. Ask an attorney about the value of your case before accepting an insurance settlement.
Finding out that your child has a birth injury is one of the hardest things that you can go through as a parent. Help is available at The Law Offices of John Phebus. We will listen to your story and explain your family’s legal rights during a free consultation at our local law office. Then, our Peoria birth injury lawyers can help your family pursue justice for a birth injury. Call (623) 847-7117 today.