The birth of a child is one of the most joyous occasions in any parent’s life. A majority of all births occur without any problem, and the family has never been happier as they take their newest member home to begin his/her life. However, birth injuries do happen, and the consequences can be drastic. In many cases, even with all the precautions taken by parents, especially the expectant mother, the unavoidable can happen. Due to improper care by a doctor, issues with the birth may arise. In another example, a physician may prescribe you a drug that has side effects that cause the baby injury, or worse.
Birth Injury? Birth Defect?
At first, it me be difficult to discern a birth defect from a birth injury. While birth injuries are generally caused by something that went wrong during the delivery process itself, birth defects involve harm to a baby that arose prior to birth, usually caused by something that happened during or before the mother’s pregnancy. It is important to contact Portland Personal Injury Attorneys and let them refer you to a knowledgeable lawyer who is an expert in this field. If the problem is found to be a birth injury due to the negligence of others, you are most certainly entitled to fair compensation for your pain and suffering.
Quick Statistics
- It has been estimated that, for every 1000 babies born in the U.S., 5 will be injured during birth
- Estimates are that 7% of all babies are born with a birth defect or irregularity, from very minor to severe
The Process
In order to receive compensation, generally a lawyer will have you file a medical malpractice claim against the negligent party involved. The process is complicated, but with an expert attorney such as the one Portland Personal Attorney’s will refer you to, you will be aided every step of the way to make sure you get the maximum fair compensation you deserve.
The process your lawyer will go through may include showing and proving that the:
- Defendant (which can include an obstetrician, physician, nurse, medical facility, pharmaceutical company, medical device manufacturer) owed a legal duty of care to your baby (and to you, in some cases)
- Defendant breached that legal duty or standard of care by acting or failing to act in a manner in which a reasonably competent individual would have, under the circumstances
- Defendant’s breach of the legal duty or standard of care caused harm to your baby (and to you, in some instances)
A Final Word
We understand that because of the circumstances, you are going through a very tough time. If you or a loved one experienced a birth injury, times have probably never been tougher in your life. Therefore, the experts at Portland Personal Injury Attorneys are committed to finding you a professional that will help you through the legal process and gain the compensation you deserve for the pain, suffering, trouble, and damage this incident has caused you or your family.