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The seven things you should know about birth injuries

Although birth injuries are rare, they are particularly troubling because they can affect the health, wellbeing and quality of life of a baby for decades to come. Coping with a birth injury can be one of the most difficult things imaginable for a parent. The situation may seem overwhelming, and you may not know what to do first.

Some parents may not even be aware that they have legal recourse for the birth injury that their child has suffered. One of the most important steps is to learn everything you can about birth injuries, including their causes, how frequent they are, and what you can do about them. What follows is a list of seven of the most important things to know about birth injuries.

1. What is the difference between a birth defect and a birth injury?

A birth defect usually affects a baby prior to the birth; a birth injury is typically the result of something that went wrong during the delivery.

2. What causes birth injuries?

Many birth injuries occur because a doctor either failed to notice a complication during pregnancy or did not act effectively during the delivery. Taking a prescription drug that can harm the baby during gestation is one example.

3. How common are birth defects?

Approximately seven percent of all babies will be born with birth defects.

4. Can I sue for birth injuries?

Sometimes. There are some birth defects that are unavoidable, but injuries that can be linked to a doctor or other medical professional can frequently be cause for a lawsuit.

5. Are birth injuries common?

For every 1,000 babies born in the United States, approximately five will receive birth injuries.

6. How does a jury decide a birth injury lawsuit?

At the trial, a jury will consider the testimony of several experts, including other doctors. The jury will then decide whether your doctor followed an acceptable level of care when delivering your baby.

7. Who receives the damages or settlement from a birth injury lawsuit?

Parents of a child injured during birth may sometimes receive compensation from a lawsuit, but typically the damages go to the child in the form of a trust.

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