Dealing with the aftermath of a birth injury can be difficult, both emotionally and financially. Fortunately, you may be able to file a claim for any damages resulting from the injury. This guide is designed to provide an overview of what you need to know in order to make an informed decision about filing a birth injury claim.
Understand your options by learning about the types of compensation available, what standard of care needs to be proven, and how to hire an attorney who can represent you in court. Knowing this information can provide comfort as you come to terms with the effects of such an unfortunate incident on your family’s life.
Why Do Birth Injury Claims Arise?
Birth injuries can be incredibly tragic, particularly in cases where injury could have been avoided with greater care and attention during the birthing process. In fact, many birth injury claims are filed when mistakes that had no necessity to occur result in an infant receiving avoidable trauma either during labor and delivery or shortly afterwards.
It is estimated that as many as 28 out of 1,000 live-born infants annually suffer from a type of physical trauma caused by medical personnel failing to properly monitor an infant’s vital signs or not responding quickly enough to signs that something is wrong with either the baby or mother. An added tragedy is that many suffering infants do not receive due compensation for the pain and suffering they endure; nevertheless legal counsel can help families understand the claims process and take action for justice in these delicate matters.
How Does a Family Bring Forth a Birth Injury Claim?
After the unexpected delivery of a child that has experienced a birth injury, families often contemplate their legal options. Prior to filing a claim, they should first consult with an attorney who is well-versed in birth injury cases and can offer sound advice. It is important to be informed and proactive when bringing forth a birth injury claim in order to ensure that justice is brought against any negligent healthcare practitioners.
Common allegations related to these claims include medical negligence, lack of informed consent on behalf of the physician or nurse, failure to diagnose complications during pregnancy or delivery, as well as medication errors. Furthermore, in order to bring forth such claims it is also important for families to act swiftly based on statutes of limitation laws which may differ from state to state.
What Are the Most Common Birth Injury Claims?
Birth injuries can be life-altering and heartbreaking for families. It is important to know what types of birth injury claims are most common, so that mothers and families can prepare accordingly. Unfortunately, some of the most common birth injury claims are related to oxygen deprivation during labor, mismanagement of prenatal care or delivery complications, miscommunication between medical staff and physicians, or the use of dangerous medical devices or procedures.
These claims can bring with them significant financial costs from long-term medical expenses incurred due to the negligence or malpractice of doctors and healthcare professionals. Families should stay informed about these dangers and how to best work with authorities in pursuit of their legal rights if a birth injury occurs.
What Kind of Compensation Can a Family Receive After a Birth Injury?
Families whose children experience severe birth injuries may need a number of forms of compensation in order to help them care for their child. Depending on the particular injury sustained, available forms of compensation can include financial settlements that cover past and projected medical costs as well as any necessary accommodations needed over the course of the child’s life.
These settlement negotiations can also determine where responsibility lies and may include personal injury damages such as lost wages, reimbursement for mental anguish and compensation for pain and suffering. Compensation can also take other forms such as financial incentives for researching treatments or regular payments on behalf of a resulting disability.
Ultimately, families affected by a birth injury have rights and should consult with a legal professional to explore these options.
How Long Might a Birth Injury Claim Take?
The duration of a birth injury claim may vary greatly depending on the unique facts and circumstances of each case. It can be impacted by complexities of the medical processes involved, legal proceedings, potential negotiations and, in some cases, a trial. In general, the process can take up to several years to reach a settlement or court conclusion.
To speed up the process it is important for both parties to remain diligent about filing necessary documents and gathering the critical evidence it takes to build a strong case. Additionally, experienced legal counsel will work tirelessly to guide you through this difficult time to get you the best possible outcome in your case.
Why Does a Birth Injury Claim Require a Lawyer?
Birth injuries are a heartbreaking and serious issue that can affect a family for the rest of their life. They can lead to costly medical bills, additional care needs in the future, modifications to living spaces, and more. For these reasons, it is important to understand why it is often necessary to utilize an attorney when filing a birth injury claim. An attorney understands how complex these types of cases can be, and they will provide dedicated representation throughout the entire legal process.
They will also review facts pertaining to the case as well as medical records in order to determine if negligence played a role in the birth injury experienced by the newborn or mother. Additionally, an experienced lawyer will use their knowledge and expertise regarding state laws and legal precedents that may apply so that families receive adequate compensation for their loss.