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Frequently Asked Questions about Birth Injuries

Q: What's the difference between a birth defect and a birth injury?

A: Birth injuries are generally caused by something that went wrong during delivery itself, while birth defects usually involve harm to a baby that arose prior to birth due to something that happened during or before the pregnancy.

Q: What kinds of situations give rise to a lawsuit for birth injuries?

A: Most of these cases occur when a doctor fails to adequately assess or respond to conditions and/or complications during a woman's pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby.

Accutane must absolutely be avoided by women during pregnancy. On its label, Accutane's manufacturer warns against use by pregnant women, but pregnancies resulting in birth defects caused by Accutane still occur.

Birth Injury Legal Information Center

A birth injury can last a lifetime. The parents of children who have suffered a brachial plexus injury, suffer from Erb's Palsy, or who have become afflicted with Cerebral Palsy, are naturally concerned. They want the best care and treatment for their child.

At Hillyard, Wahlberg, Kudla & Sloane, LLP we help victims of negligent birth injury obtain compensation for their disability, lost income potential, and loss of enjoyment. These financial resources can provide the medical care, physical therapy, speech therapy, and other vitally needed services that can make a difference in their lives.

In a free consultation, an attorney at our firm can evaluate your case and discuss your prospects for obtaining compensation.

For a free initial consultation with a lawyer at Hillyard, Wahlberg, Kudla & Sloane, LLP call 800-630-2366 or contact us online.

Topics in birth injury law of a general nature are discussed below.

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. It is estimated that five out of every 1000 children born in the US will suffer some type of birth injury. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact an attorney to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.

Pregnancy Dos and Don'ts

Not all birth injuries or defects can be prevented, but a mother has some power to increase her chance of having a healthy baby. Many birth defects happen very early in pregnancy, sometimes before a woman even knows she is pregnant. If your child was injured at birth, consult an attorney to learn about your rights to compensation.

Responsible Parties in Birth Injury Cases

If your child suffered a birth injury, there are several parties who may be responsible for your child's injuries, including the treating physician, assisting staff and the hospital.

Prescription Medications

If you or a loved one is pregnant and taking prescription medication, one of the best ways to prevent a birth defect or injury to your baby is to understand the prescription process and prescriptions themselves. Prescription medications can be confusing, dangerous and expensive. If your child was injured at birth, consult an attorney to learn about your rights to compensation.

Cerebral Palsy & Erb's Palsy

Some of the most common birth injuries are two very different conditions known as cerebral palsy and Erb's (or brachial) palsy. Cerebral and Erb's palsy are often the result of complications during child delivery itself, though cerebral palsy also can occur before or after delivery.

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.

Prenatal Care
Resource provided by the US Department of Health and Human Services offering information on prenatal care, including types of foods to eat and substances to avoid.

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

Birth Injury Center