Only those who suffer from birth injuries know how severe these injuries can get, resulting in over-the-top expenses for medical care. Most of the time, these injuries are so grave that they require special care, equipment, and continuous medical help. The most common kinds of birth injuries are cerebral palsy, brachial plexus injuries, and other neurological problems. Since these birth injuries are caused by the negligence of medical professionals, you can even sue them. We understand that, as the parent of a child who recently got injured during birth, your first thought must be how to protect my rights. A lawyer is the answer to your situation.
Under which circumstances can you file a claim?
You can file a claim if your child was injured during delivery due to medical negligence during pregnancy or delivery. This includes instances where medical professionals, such as obstetricians or nurses, failed to provide the appropriate standard of care, leading to harm to your child. In such cases, you can hold all responsible parties accountable for the damages and seek compensation to cover various expenses and losses.
Types of Injuries and Their Causes
Now let us talk about several potential types of issues and what can cause them
Fractures: One of the most common injuries sustained during birth is a bone fracture. Larger babies, in particular, are more susceptible to fractures and skin bruising. These injuries often occur due to the misuse of forceps or excessive pressure during delivery. Fractures can cause significant pain and may require medical intervention for proper healing.
Bruising: Birth-related bruising, especially on the face and limbs, can result from the use of forceps or vacuum extractors. Bruises are often visible and can be painful but typically heal with time. However, they can indicate underlying trauma that may need further medical evaluation.
Bell’s Palsy: This condition involves sudden, temporary weakness or paralysis of the facial muscles. Bell’s palsy can be caused by trauma during delivery or an infection. Although most children recover fully, some may experience lingering effects.
Erb’s Palsy: This condition arises from damage to the brachial plexus, a network of nerves located near the neck that controls arm movement. Erb’s palsy can result from excessive pulling on the baby’s arm or shoulder during delivery. It can severely limit arm mobility, and while some recovery is possible, permanent damage may occur if the nerve is severely ruptured.
Hypoxic-Ischemic Encephalopathy (HIE): HIE is a serious condition resulting from a lack of oxygen to the baby’s brain during or after delivery. This can lead to brain damage and long-term developmental issues. The condition is often caused by complications such as prolonged labor or difficulties during delivery.
Intracranial Hemorrhage: This refers to bleeding inside the skull, which can occur if the baby experiences significant trauma during birth. It is commonly seen when forceps or vacuum extractors are used improperly. Intracranial hemorrhage can lead to severe neurological issues and requires immediate medical attention.
Financial Compensation
If you successfully file a claim, the financial compensation can cover various expenses related to your child’s injury, including:
Medical Bills: Expenses for hospital stays, surgeries, medications, and any ongoing treatments.
Long-Term Care: Costs associated with future medical care, therapy, and rehabilitation.
Noneconomic Losses: Damages for pain and suffering, emotional distress, and loss of quality of life for both the child and the family.
Each case of medical negligence during pregnancy or delivery is unique, so it is crucial to consult with a qualified attorney who specializes in birth injury cases. They can help evaluate the specifics of your situation, gather necessary evidence, and ensure that you receive fair compensation for all damages incurred.
Importance of Hiring an Experienced Birth Injury Attorney
Hiring an experienced birth injury attorney is of utmost importance when pursuing a birth injury claim. These cases are complex and require in-depth knowledge of medical malpractice laws and the intricacies of birth injury cases. An experienced attorney understands the legal process, knows how to gather crucial evidence, and can navigate the complexities of insurance companies and healthcare providers. They have the expertise to assess the extent of the damages, including long-term medical expenses and future care needs. With their guidance, you can maximize your chances of obtaining fair compensation for your child’s injuries, ensuring justice, and providing the necessary resources for their well-being and future.
Final thoughts:
It’s a fact that birth injuries can lead to chronic diseases that can last a lifetime and affect one’s family tremendously. But why should you have to pay because of someone else’s fault? Hold the responsible parties accountable with the right lawyer by your side.
