The birth of a child should be a joyful occasion, but when something goes wrong that affects the health of your child, it can leave you devastated, uncertain of what to do next. At The Hershewe Law Firm, we understand that this is an overwhelming time for you, and we want to do everything we can to provide you with the legal support and counsel you need to deal with this difficult event, and to work towards the outcome your family deserves.
What Is a Birth Injury?
A birth injury is any injury to an infant that takes place during, or sometimes prior to, the birthing process, and could be the result of medical negligence. A common misconception is that birth injuries are the same as birth defects, which are often unavoidable and may be the result of factors affecting the mother during or before her pregnancy. This distinction is important, however, and can sometimes be difficult to determine. Cerebral palsy, for example, is a condition which impairs the brain’s communication with various muscle groups, causing severely limited muscle control, and can be classified as either a birth defect or a birth injury, depending on how and when it was caused. Many cases of cerebral palsy are the result of medical negligence in the birthing process.
Birth Injuries: Taking the Next Steps
A common response after a birth injury that harmed your child is to feel powerless and overwhelmed. Even if the thought of filing a medical malpractice case crosses your mind, you might dismiss it, or fear that you don’t have the time and resources to deal with the legal issues. Whatever the specifics of your situation are, these simple steps can provide you with a framework for moving forward in the wake of a birth injury:
- Get your child the medical care they need. This may seem obvious, but continue to ensure that your child is receiving the recommended treatments and care. If you have trouble trusting your doctor, find a new one. Ensuring that your child’s current needs are taken care of will help to put your mind at ease as you move forward.
- Document everything you can. Any claim of negligence of another party rests heavily on the narrative of what exactly happened, how, when, and why. Whether you think you will pursue a claim, it is advised that you write a detailed, accurate account of what happened, and to take pictures of relevant injuries or other data, including the hospital conditions. The more information you have, the easier it can be to craft a cohesive and compelling argument proving medical negligence.
- Contact a trusted personal injury attorney as soon as you can. You have your child’s best interests at heart, and are doing everything you can for them. However, there is no substitute for professional legal counsel. A highly skilled attorney can manage the legal details of your case while you focus on doing what is best for your family.
- Find out the type(s) of damages you might be entitled to. Possible damages include the cost of medical bills, compensation for lost wages if you have had to miss work, future expenses associated with caring for a disabled child, and emotional pain and suffering, among others. We offer a free case evaluation to help you answer this question.
Personal Injury Lawyer with Birth Injury Experience
At Hershewe Law Group, PC, we understand that your family’s well-being is your top priority, and we want to support you. Dealing with a birth injury can be an overwhelming experience, but with intelligent and powerful legal counsel managing the case, you can significantly increase the chances of filing a successful claim or lawsuit. To learn more about how our team can support you, give us a call now.