Giving birth is an incredible experience, but it can also be a challenging one. Unfortunately, birth trauma can happen, and it can be devastating for both the baby and the family. Birth trauma can occur due to various reasons, including medical malpractice, negligence, or errors during delivery. If your newborn has suffered a birth injury, you may be entitled to legal compensation. In this blog post, we'll discuss the legal rights of injured newborns and how you can get the help you need.
What Is Birth Trauma?
Birth trauma refers to any injury that a newborn experiences during labor or delivery. Birth trauma can range from minor and seemingly, transient issues to more serious injuries such as cerebral palsy, lack of oxygen, lack of blood supply, and brain damage. In some cases, birth trauma can even be fatal. If your newborn has suffered a birth injury, it's essential to seek medical attention immediately.
Understanding Your Legal Rights
Medical malpractice or negligence is often the cause of birth injuries. This means that the healthcare provider failed to provide the appropriate standard of care, which resulted in the injury. This means you may be entitled to legal compensation. However, to receive compensation, you'll need to file a birth injury lawsuit.
Filing a Birth Injury Lawsuit
Filing a birth injury lawsuit can be a complex and challenging process. Add this complicated process to your struggles trying to get help for your child, and the stress you may be feeling at the moment and you may find filing a legal claim too daunting. That's why it's essential to work with an experienced birth injury attorney who can guide you through the process. Your attorney will help you gather evidence, file the lawsuit, and negotiate with the healthcare provider's insurance company. If necessary, your attorney will represent you in court.
Compensation for Birth Injuries
The compensation you receive for a birth injury will depend on the severity of the injury and the circumstances surrounding it. In general, you may be entitled to compensation for:
- Medical Expenses: This is often the most significant part of the compensation. It includes costs for immediate medical care following the injury, ongoing treatment, rehabilitation, medications, and any future medical expenses related to the injury.
- Pain and Suffering: This refers to the physical pain and emotional distress suffered by the child and the family due to the injury. It's hard to quantify, but it's an essential component of the compensation. Pain and suffering compensation is not allowed in every state and will depend on the laws of the state in which the injury occurred.
- Lost Wages: If the parents have to take time off work or give up their jobs to care for the child, they can claim compensation for lost income.
- Future Earnings: If the injury is so severe that it's likely to affect the child's ability to earn a living in the future, this can also be included in the compensation.
- Special Care Costs: If the child needs special equipment, home modifications, or professional care due to the injury, these costs can also be claimed.
- Legal Fees: The costs of hiring a lawyer and pursuing a lawsuit can also be included in the compensation.
Your attorney will help you determine the appropriate compensation for your case.
Get Help from a Birth Injury Attorney
If your newborn has suffered a birth injury, it's essential to get the help you need. At the Law Firm of Michael H. Bereston, Inc., we understand the challenges that come with birth trauma. Our experienced birth injury attorneys can help you understand your legal rights and guide you through the legal process.
Contact us today to schedule a consultation and learn more about how we can help you and your family.