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J. Davy Yockey, Esquire - Toxic Tort Lawsuits

Birth Injury:

The day that a baby is born is often a happy time for parents, but sometimes complications arise that cause significant stress. When a baby is hurt during the delivery process, his or her injuries can be permanent, affecting the child for years or even the rest of his or her life. The parents may need to pay for special care or rehabilitation for the baby that they never anticipated. For parents who lack the income to pay for the extra care, a medical malpractice lawsuit may be the only way to proceed.

Initially, it may be unclear whether a baby has a birth injury or a birth defect. A birth injury is the result of actions taken or not taken by a doctor and her staff, and it is preventable. A birth defect, on the other hand, is not preventable. It would not have mattered what the physician did or did not do. About 7% of babies are born with birth defects, and they can range from quite minor to severe. Birth defects are usually created during the pregnancy or before it, resulting from a combination of heredity and environment. For example, they may be caused when a woman drinks during pregnancy.

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