Overview of Birth Injury Law

Each year approximately 10,000 babies born in the United States develop birth injury. Cerebral palsy is a disorder of movement or coordination caused by an abnormality of the brain. It is a permanent and irreversible crippling condition affecting the central nervous system of an infant or a young child. More than 80% of people with birth injury developed it either before they were born or before they were one month old. In many instances, the cause of the brain abnormality is unknown, however there are many ways in which the negligence of a hospital delivery team can cause birth injury during the birth process.

About half of the people who have birth injury need to use devices-such as braces, walkers, or wheel chairs-to help them get around, and almost 70% have other disabilities, primarily mental retardation. Depending on the severity of their disability, people with birth injury may need assistive devices for various tasks, specialized medical care, educational and social services, and other help throughout their lives from both their families and communities. As such, recovering adequate damages in those cases where the condition is caused by negligence is vital. A recent study in California of the extra economic costs associated with birth injury showed that the lifetime out-of-pocket cost per new case is $503,000 (in 1992 dollars). Half of these costs are borne by families, who often find it difficult to obtain all the services they need to help their children. After adjusting these totals to today’s dollars, and considering all the pain and suffering, humiliation, loss of enjoyment of life, and other related damages, it is easy to see why birth injury cases require prosecution by an attorney who is well-versed in this tragic area of personal injury law. The highly specialized care, therapy, and the challenges of raising a child with birth injury involve very substantial expenditures of money, and require an understanding of the condition, its limitations and demands, and love, patience, indulgence and perseverance on the part of the parents and all other members of the immediate family. Let Napier & Partners help you to determine whether your child and you may be entitled to monetary compensation for the injuries of birth injury.

In birth injury cases it is essential that measures be taken promptly to preserve evidence, review the medical procedures in question, and to enable physicians or other expert witnesses to thoroughly evaluate the birth record and injuries. If you or a loved one is a victim of birth injury, call Napier & Partners now at 1-877-AZINJURY (1-877-294-6587) or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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