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Wednesday, May 2, 2012

Birth Injuries - What Are Your Rights?


The birth of a child is the happiest moment in the life of parents, and luckily, most of the deliveries go smoothly without any problem. Undesirably problems can occur during pregnancy and delivery. These problem and complications are collectively recognised as birth injuries. Birth injuries can be minor or severe, and can have long lasting impact on the child its family and on their quality of life as well. Due to birth injuries, a joyous time turns into a grievous one in a few minutes. Problems in the procedure of labour, and delivery may lead to wide variety of troubles for the newborn.

Cerebral palsy is one of the most severe birth injuries. The other types of birth injuries are Erbs palsy, Forceps and vacuum injuries, bruising, scratching, cuts, facial paralysis, fractures, broken bones, soft tissue injuries, brain damage, temporary or permanent paralysis and broken blood vessels in the eye. They are one of the most dreadful sorts of personal injuries in the entire world. According to the U.S. National Healthcare Quality Report (2003), almost 7 birth injuries take place in every 1,000 births.

Whether reason of the birth injury was negligence, inappropriate medical treatment, wrong use of a medical device, or failure to make a correct diagnosis, you have the privilege to protect your human rights and the right to be compensated for your pain and distress. In such situations, where the damage was avoidable, it is imperative that the legal rights of the baby and his or her parents, both are fully protected.

If your baby has been the prey of a birth injury, it is tremendously important that you contact a birth injury attorney. In addition, in this situation, you have the right to bring a medical malpractice claim. If a child dies due to a birth injury, the parents have the right to bring a wrongful death claim. All physicians should give their patients accepted standard of care.

Parents of the victims have the right to take legal action against any person, corporation or body that is liable for the injury, including private citizens, shops, producers, insurance corporations, large businesses and government groups. You have the right to select the lawyer of your own choice.

The child and his or her parents may be facilitated against the damages stemming from a birth injury case. Some kinds of damages may be pain and anguish, unending physical disability, loss of future earnings of the child, emotional suffering and loss of companionship. If the child is living, the parents or a guardian can bring a legal claim and sue for the damages.

Each country has its own laws and rules, regarding the amount of compensation given in a birth injury lawsuit. Damages presented for successful lawsuit will usually go to the child, occasionally in the form of a trust. Dealing with a birth injury is not an easy job, and it is always emotional.

It is important to note that not every single birth injury is legally accountable; yours may be. If you are hesitating to take legal action, you can run out of time. If a sufficient amount of time passes then, legally, you will no longer be applicable to sue the responsible parties for the wrong they did.




Claim advice for victims of Birth Injuries.




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