Children are the most valuable asset of every individual. Parents spend years on child planning and wait around nine months for their kids to enter the world.
Childbirth is a moment of feelings like joy, worry, and excitement. Even if you made the best choices during pregnancy, there is still some risk at the time of delivery.
Severe birth injuries can make children physically and intellectually impaired for their lives. Birth injuries can have a long-term impact on your kid.
Depending on the severity of their brain damage, they may be unable to move, walk, eat, or communicate correctly. Long-term therapy might be required to address such cases.
You may hold irresponsible medical personnel accountable for their avoidable mistakes by filing a birth injury lawsuit. Although you will not be able to rectify the errors made, it might help pay for medical expenses related to the birth injuries.
Unfortunately, medical malpractice lawsuits for birth injuries are pretty prevalent, and winning these cases can be challenging.
Fortunately, a birth injury lawyer can also seek compensation on behalf of a family for lifetime therapy. In most cases lawyers can hold negligent health care providers liable if a newborn is harmed.
Moreover, medical specialists and other experienced staff members can prove that your child’s brain injury might have been avoided with adequate treatment from healthcare providers.
A natural question here would be what a birth injury attorney is and their role?
Basically, it is a lawyer who focuses on personal damage resulting from medical misconduct at the moment of birth.
Many of these attorneys also handle other medical malpractice cases, which can be beneficial if your case becomes more difficult.
If your child shows signs of a birth injury, pursuing legal assistance should be the next logical step, as lawyers can assist you with your claim in the following ways:
- Identify your case:
It is critical to understand what identifies as a birth injury. Many families bring birth injury lawsuits for medical conditions that aren’t connected to birth abnormalities.
On the other hand, congenital disabilities are not the same as birth traumas.
A congenital disability is a medical condition that occurs while the kid is still in the womb during pregnancy.
Birth abnormalities can range from congenital heart disease to a knotted tongue, but in the end, problems are caused by genetics or pregnancy-related complications, not delivery.
On the other hand, delivery injuries occur during the child’s birth process and are medical difficulties for which you might submit a claim.
- Develop your case:
Medical malpractice or birth injury lawyers can help gather information to create your case in the first stage.
The investigation phases of a birth injury claim are critical because they may reveal a pattern of negligent activity from the medical experts or medical facility involved in your child’s delivery.
Collecting all details concerning the birth that may contribute to the birth injury is part of the investigation and construction of the case. Lawyers pay special attention to the physicians and nurses who assist in delivering your kid.
A physician’s failure to follow standard care during childbirth can occasionally cause birth injuries.
In other words, clinicians may miss essential safety precautions for both mother and child, resulting in birth injuries.
- Accumulate evidence:
Your legal team will collect evidence for your case, as well. It is different from the initial investigation, which involved collecting facts to determine whether or not your case has merit.
On the other hand, collective evidence involves gathering documentation, testimonies, and medical records that will prove your claim to the court.
The evidence collected for your case must build an airtight sequence of events for the courts to understand.
The combination of medical records about your care during childbirth and testimony from other medical professionals present at the birth injury is often the best evidence to use in these cases.
- Filing a lawsuit:
In addition, your lawyer will file your lawsuit in the appropriate court on your behalf. Because various courts handle different forms of legal actions, your case must be filed with the right one to avoid dismissal.
Choosing the correct court to file your lawsuit is only half the battle. Because legal paperwork is sophisticated and can be thrown out for even the tiniest typographical error, you must complete your court files accurately.
On your behalf, your lawyer and legal team will ensure that all of your legal paperwork is submitted correctly and documented with the court.
Remember – Lawyers for birth injuries can help identify the case correctly. Make a case against the physicians or nurses who gave birth to the baby.
Then, gather proof such as witness testimony and medical records to back up your claim, and file the lawsuit in the relevant court of law.
- Find financial compensation:
Finally, your lawyer will fight for financial compensation on your behalf and that of your kid and family. Monetary compensation for a birth injury can vary from case to case.
Still, in general, you can expect reimbursement for medical expenditures related to the birth injury – even if those medical bills are for the child’s future care because of the occurrence.
Millions of dollars are awarded to families who have suffered severe birth injuries in certain birth damage cases.
If you have to stop working to care for your kid, financial compensation may be available to compensate you for your lost salary. Wrongful death compensation is widespread in birth injury instances.
Infants are susceptible to a variety of injuries during birthing. Most birth injuries are caused by medical personnel in charge of the child’s delivery.
Unfortunately, some families are unable to cover medical costs. According to research conducted by Massachusetts General Hospital, around 40% of families struggle to cover the expenditures connected with their disabled kids.
When choosing a birth injury attorney, make sure you are comfortable with them and trust them to do all possible to assist you in winning your case.
You are not required to hire the first lawyer you encounter. To guarantee that your claim is in excellent hands, select a birth trauma lawyer who has the necessary skills and expertise.
It’s critical to consult with a lawyer who has experience with instances similar to yours. If your lawyer has never handled a birth injury case before, they may not know how to secure the maximum money feasible in your case.