5 FAQ’s About Birth Injury Law

5 FAQ’s About Birth Injury Law A blue symbol of justice with a laurel wreath around it.

A birth injury lawyer Phoenix, AZ trusts knows that, for many parents, it can come as a shock to have to deal with a birth injury lawsuit for their precious newborn. This can be a heartbreaking, confusing time, and as new parents, you may not know where to start. So, to make this process as easy as possible for you and your family, we at Rispoli Law, PLLC have answered some frequently asked questions about birth injury law to help you determine your next steps.

What Do I do First?

If you suspect that your child is a victim of birth injury, waste no time in getting the medial help. These injuries can be time-sensitive, and there will always be time to start a lawsuit with the help of an experienced birth injury lawyer in Phoenix, AZ after a medical professional has treated your child.

What Is the Difference Between a Birth Injury and a Birth Defect?

A birth injury lawyer for Phoenix, AZ can tell you that a birth injury as an injury during birth that was caused by a preventable medical error. This trauma is typically caused right before, during, or after the birth by the medical professionals tending to the child. Some examples of a birth injury can include:

  • Cerebral palsy
  • Spinal cord injury
  • Facial paralysis
  • Bone fractures

Conversely, a birth defect is caused by a variety of factors, from genetics or parental behaviors like smoking or drinking during pregnancy. Examples of birth defects are:

  • Down syndrome
  • Spina bifida
  • Cleft lip or palate

How Do Birth Injuries Happen?

Typically, birth injuries are caused by rough handling of the child during birth and/or a lack of oxygen to the child’s brain before it can breathe independently.

Who Will Be Held Responsible for My Child’s Injury?

Anyone who was involved with the medical care of the mother and the child can be held responsible for the birth injury. This includes the time before, during, and after the birth, and can include anyone from the mother’s OBGYN, the child’s neonatal care team, and in some cases, the hospital or medical wing where the birth takes place.

It is important to hire a birth injury lawyer serving Phoenix, AZ to help your family during this time because they can do the necessary research into seeing whether the birth injury was preventable. A Phoenix, AZ birth injury lawyer will look into the actions of the medical team to see if there was any malpractice, and they will make sure the hospital equipment was up to date and used as it was meant to be used.

What Kind of Compensation Could I Potentially Receive if My Case Goes Through?

Generally speaking, a medical malpractice settlement involving a birth injury will seek to compensate two separate factors: economic damages for medical care caused by the injury and noneconomic damages that relate to the child’s quality of life. Examples of these damages can include paying for occupational and physical therapy, any assistive devices needed, special educational facilities, and even future lost wages due to the child not being able to work once they are an adult, because of the severity of their injury.

When it comes to a birth injury malpractice suit, it is important that no detail goes unturned. Rispoli Law, PLLC believes that you and your family deserve to get compensated for this loss, and our lawyers will fight to help you get the settlement you deserve. If you have any questions about how to start, do not hesitate to contact a professional birth injury lawyer Phoenix, AZ families trust today to learn more.