For millions of women in the United States, giving birth is a joyous occasion void of complications. Unfortunately, some women do not share this same happy experience. According to statistics from the National Healthcare Quality Report (AHRQ), roughly 28,000 babies are born each year with a birth injury.
Of those injuries, the most common include bone fractures, perinatal asphyxia, intracranial hemorrhage, cephalohematoma, brachial plexus palsy, spinal cord injuries, cerebral palsy, facial paralysis, and subconjunctival hemorrhage. In some cases, a birth injury is caused by challenging circumstances. Other times, it is the direct result of negligence. If you have a child who suffered a birth injury due to negligence, it is imperative that you hire a well-qualified attorney.
When a birth injury is the result of negligence, the child faces a life of physical and emotional challenges. As a parent, it is your right and responsibility to take legal action. With the help of an attorney, immediate medical expenses can be recouped. You will also get financial support for the ongoing care of your child. Not only does this eliminate a tremendous amount of stress from your life, it offers your child the best life possible.
The attorney will fight on your behalf to win a birth injury compensation claim, also referred to as a birth injury lawsuit. This lawsuit focuses on healthcare providers, as well as the hospital or birth center in which your child was born. With this type of claim, both economic and non-economic damages are recovered. Additional expenses such as home accommodations, special education costs, psychological services, counseling, medication, and so on, are included.
Economic damages are the cost of occupational and physical therapy, lost wages, medical costs, and other economic factors. In comparison, non-economic damages include things like mental anguish and pain and suffering. If your child suffered a birth injury due to negligence, you probably have a good case. However, your attorney will need to confirm that by making sure that certain factors apply.
There are several forms of negligence, which are comprised of things that the doctor and/or medical staff failed to do.
- Observe and monitor for the distress of both the fetus and mother.
- Use appropriate methods when applying tools to assist in the birth.
- Diagnose medical problems or provide the correct diagnosis.
- Take the necessary measures to prevent preterm labor.
- Schedule and perform an emergency cesarean.
- Treat the mother for infections and other medical issues, like gestational diabetes and preeclampsia.
For a birth injury lawsuit, you definitely want to hire a reputable attorney with years of experience and expertise in this particular area of law. Your attorney will determine if your state is one in which non-economic damages are capped. From there, the attorney will conduct extensive research, gathering medical records, talking to various people, and so on.
The goal is to make the case for your child the strongest it can be. Typically, birth injury lawsuits are settled out of court. However, if the case does go to trial, having the right attorney in your corner will make a big difference in the outcome.