While the majority of birth defects are caused by an unknown congenital problem, there are cases that occur because of a medical mistake that occurs during either pregnancy or delivery. If your child was born with a defect because of improper medical care, you may be entitled to be compensated for any financial bills or emotional stress you have suffered.
There are three main areas to consider when you are trying to evaluate if you should consider legal action.
Family Member Suffers Birth Defects or Injury
In order to file a birth injury lawsuit, a loved one must have suffered from a birth defect or injury. If a child has been injured, his or her parents usually file a personal injury claim on the child’s behalf.
Injury Results from Medical Malpractice or Negligence
If your child has a birth defect because of medical malpractice or negligence, you may be entitled to compensation.
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All birth defects and birth injuries are tragic, but not all of them are due to malpractice or negligence. You can sue on your child’s behalf if their birth injury was caused by actions or lack of action (negligence) of someone who was responsible for their well-being as a fetus or baby.
Serious Birth Injury Occurs
Birth defects and birth injuries include everything from birth marks to cerebral palsy, Erb’s palsy, and loss of brain or physical function. If a child has suffered a serious injury as a result of malpractice or negligence, an lawyer can help determine if you have a case.
How Weitz & Luxenberg Can Help
As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $17 billion for our clients.
We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at (800) 476-6070. If you prefer, you can complete our form, and our client relations representative will contact you shortly.