Birth Injuries
Many parents go through the hardship of realizing that their baby has been injured at birth. This can be devastating for the baby and the parents. Many times, there will be lifelong consequences from a birth injury or even death.
Many birth injuries occur naturally. This cannot be changed and there is no one at fault. Sometimes a birth just does not go as it should. Unfortunately, some injuries do occur because of medical error. This could have been done during the pregnancy, during delivery, or right after the birth. When considering a legal case, there are two types of birth injuries that are looked at.
A doctor’s negligence is a large factor. A doctor may not have identified or responded to issues that should have been addressed during pregnancy or delivery. Sometimes there are devices that are used improperly, such as forceps. In this case, the lawyer will help with filing a medical malpractice claim against the doctor or even the healthcare facility depending on the circumstances.
Another area of harm that occurs during birth is due to a pregnant woman taking medications that have caused injury. If the drug is proven responsible, a claim can be brought against the doctor, pharmacist, drug manufacturer, and pharmaceutical company.
If you are parents that have endured such a traumatic event, there are statistics that you should know about. It is estimated that 7 out of 1,000 babies will obtain a birth injury during birth in the United States. About 76 babies a day are born with injuries in the United States. One of the most serious birth injuries affects more than 5,000 children each year. This is Cerebral Palsy. One or two out of every 1,000 babies is diagnosed with Erb’s Palsy, which is damage to a bay’s shoulder during birth. This is said to be avoidable. This injury causes lack of control and sometimes paralysis of an arm and/or hand.
Compensation to parents will depend in the extent of the injury and the effect it will have on the baby’s life. Many times, parents will receive current and future payment for medical expenses. Parents are often awarded for pain and suffering. Before any decision is reached, it needs to be clarified whether a baby's condition is an actual birth injury, or a defect that may have occurred during labor and delivery under natural causes.
If you think that your baby has suffered a birth injury, you must take four steps. You need to complete a file of medical and health records for you and your baby. Make sure that your baby gets medical attention. You need to hire an attorney who specializes in birth injury cases. These laws are restricted by statute of limitations. Never put off a birth injury case.
If your baby has suffered a birth injury, your case can be very hard to prove. Testimony will need to be provided by a team of practitioners. Evidence will be needed to establish fault.
Make sure that you have an attorney that can evaluate all the facts in the case. You deserve the proper compensation for your baby.
This article is not intended for legal advice.
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Related Legal Tools: For information on birth injuries in Lakeland visit FloridaPersonalInjuryLawyer.org
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