Childbirth is a natural process, one that women have been handling for centuries. However, things may go wrong before or during the birth. When they do, parents must know where to turn for help.
Birth injuries come with unexpected challenges. Parents might not fully understand what they are facing now and in the future. They need to talk with a lawyer specializing in birth injuries to ensure the child receives compensation for these injuries.
A birth injury often has profound, long-term effects. Filing a claim against those responsible for the injury will help ensure the child’s physical, mental, emotional, and financial needs are met. What should parents know at this time?
Types of Birth Injuries
Birth injuries come in many forms. Oxygen deprivation during labor or delivery leads to cerebral palsy, a condition that impacts movement and coordination. A brachial plexus injury affects the nerves controlling the arm and hand. Shoulder dystocia during birth is one cause of this injury. Hypoxic Ischemic Encephalopathy (HIE) occurs when the baby’s brain doesn’t receive enough oxygen and blood flow during the birthing process. Forceps or vacuum injuries result from a medical professional’s error when using these tools.
Identifying the Signs of a Birth Injury
Some birth injuries are readily seen in children. Others, however, aren’t as easy to identify. Parents need to know what constitutes normal newborn behavior and talk with doctors if they have any concerns about the child. They may notice the child making abnormal movements or the infant having unusually stiff limbs. A child with a birth injury may also have difficulty feeding. Parents should also look for developmental delays. If their child doesn’t seem to develop at the same rate as peers, there is cause for concern.
Early Detection
Early detection is critical for providing the best outcome for the child. With prompt medical care, a parent may be able to reduce the severity of the injuries. Parents should have their children regularly seen by a pediatrician and talk with the doctor about any concerns.
Legal Remedies for Birth Injuries
Parents may choose to pursue a claim against those they believe are responsible for the birth injuries. To be successful with the suit, they must establish fault and show the medical professional was negligent or committed medical malpractice. Doctors are required to meet specific standards of care. They can be deemed liable for the injuries when they fail to do so. How does a lawyer prove a doctor failed to fulfill this obligation?
The attorney consults with medical experts and examines all medical records related to the birth to see if all established protocols were followed. They will initiate a claim if they believe the parents have a case. The lawyer then gathers evidence to prove the medical team was at fault. Once fault has been determined, the attorney will contact the medical provider’s insurer to discuss a settlement. The parties may move to mediation if an agreement cannot be reached. If mediation fails, the case will go to trial. The attorney represents the parents throughout these proceedings.
Parents should work with an attorney to obtain justice for their children injured during birth. The attorney advocates for the parents and the child and ensures their voices are heard. They educate clients about the legal process and ensure they have realistic expectations. The attorney supports the parents and child in any way they can, which the family needs during this difficult time.