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What Parents Need to Know About a Birth Injury and Negligence

On behalf of Joel Rhine of Rhine Law Firm, P.C. posted February 18, 2016

Few things are more painful and devastating for North Carolina parents than to experience the loss of a child or to see their child in pain. When a birth injury occurs during labor and delivery, it is important for parents to get answers. Otherwise, they may be unable to move forward with their lives.

The problem is that birth injuries are not simple; they are actually very complex in nature. It is not always easy to distinguish whether the injury was due to a birth defect or a birth injury because, yes, there is a difference. The primary difference is that birth defects tend to occur prior to the actual birth, while birth injuries occur during the birth itself.

According to research, five of every 1,000 babies in the United States will suffer some sort of injury during birth. This shows that birth injuries are relatively common; however, it does not mean that all birth injuries can lead to a lawsuit because it does not necessarily mean that a negligent act occurred. In order to prove that a birth injury did occur as a result of negligence, it must be shown that the doctor failed to act accordingly with the standard of care.

It can be a traumatic experience to give birth and then have to deal with a birth injury, and those affected might not know what steps to take. First and foremost, the parents should seek the medical attention necessary to ensure all parties involved are as safe and as healthy as possible. Then, it may be time to speak to a North Carolina birth injury attorney about what legal options may be available. If negligence did in fact occur, it may be possibly seek compensation for the injuries that the baby and the family as a whole has suffered.

Source: FindLaw, “Birth Injury FAQ“, Accessed on Feb. 13, 2016

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