Birth Asphyxia Attorney: What to Expect During Your Case

It’s a common belief that birth injuries and their resulting deaths or long-term consequences are largely a thing of the past in America and other developed countries. In reality, that’s not the case. Though these incidents aren’t as common as they were in the past, they’re still far too prevalent. According to a recent report from the Centers for Disease Control and Prevention, injuries occur in about 7 out of every 1,000 births, and the majority of those involve birth asphyxia.

In cases where birth asphyxia occurs due to negligence on the part of medical professionals, parents have the right to pursue justice for their babies and themselves. To do so, though, they must be able to prove who is responsible for their child’s injuries and to what extent. That’s not a simple process, but getting a birth asphyxia attorney to intervene can greatly improve their chances of success. 

Taking a Closer Look at Birth Asphyxia

Up to 20 percent of newborns who suffer from birth asphyxia die as infants. Of those who survive, an estimated 25 percent suffer long-term consequences, such as cerebral palsy, seizures, and learning disabilities. Birth asphyxia can happen for numerous reasons, including placental abruption and a lack of adequate nutrition in the womb due to placental dysfunction. Other causes of birth asphyxia include prolonged labor and delivery, umbilical cord prolapse, and shoulder dystocia to name a few. In many cases, this condition and other birth injuries can be prevented with careful maternal and fetal monitoring and appropriate medical care during and after the birthing process. 

What Happens During a Birth Asphyxia Case?

For parents who want to pursue a birth asphyxia case, the first step in the process is to consult with an attorney who is experienced in handling medical malpractice and birth injury cases. Then, the attorney will thoroughly examine medical records from the pregnancy and delivery as well as those pertaining to post-natal care the baby received immediately after birth. He or she will also consult with medical experts to determine whether negligence was involved and who was responsible for the baby’s injuries.

If the parents have a viable case, the attorney will file a lawsuit against the doctors, nurses, midwives, hospital, or others who are believed to be accountable. The parents’ attorney and legal counsel for the accused will exchange information, and everyone involved will have a chance to state their case during a step known as the discovery phase. In some cases, those responsible for the birth injuries in question and their representatives may try to settle out of court. This often leads to lengthy negotiations. 

In the event the responsible party’s settlement offer is acceptable, the parents will receive compensation. Otherwise, the case may go to trial. Trials can last for days, weeks, or even months before reaching a verdict. Throughout the discovery phase, negotiations, and trial, parents can expect to be asked and potentially forced to answer numerous emotionally trying questions. That, on top dealing with the baby’s injuries or the loss of a child, can be incredibly painful and stressful. 

Seeking Help With a Birth Asphyxia Case

Birth asphyxia and other birth injuries are more common than many people realize, and they can have a lifetime of repercussions for the victims. For those who want pursue a birth asphyxia case, it can be a long, painful process. Having professional legal help is essential for getting compensation for the baby’s medical expenses, pain and suffering, and other consequences brought about by medical negligence.

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