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Definition of Birth Injury

Birth injuries are those suffered by a baby during their delivery. Birth injuries may be caused by a variety of reasons such as pre-existing maternal conditions, health conditions and/or professional negligence. Medical malpractice claims can be filed against a medical professional if the professional is negligent and their negligence causes injury or death to the newborn.

All states have different laws governing birth injury cases, but there are common principles and facts which must be proven to win a birth injury case. Because new parents often are busy and may not understand how to prove a birth injury is due to hospital or doctor negligence they generally hire a personal injury lawyer to review their birth injury case. Personal injury lawyers work on a contingency fee basis which means they are not paid unless you win your birth injury case. Additionally, all medical malpractice claims must be filed within a specific timeframe called the statute of limitations, which varies by state. Failure to file your claim within this time will eliminate your right for compensation for a birth injury claim.

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