Birth injuries occur for many reasons, and while some are purely accidental and even unavoidable, the reality is that most of the issues that can cause a birth injury are actually preventable. When they are due to some sort of carelessness or negligence on the part of medical care providers, it becomes a matter of medical malpractice.
At such times, it is of the utmost importance to consult with a birth injury lawyer as they are going to understand the complexities of such matters. They already know that the burden of proof is on the parents making the claims and they understand how to prepare the best case in order to receive the appropriate compensation.
Why Legal Help Is Important
Remember that birth injuries may be temporary and resolve themselves quickly, such as a broken bone or some bruising. However, a large number of birth injuries result in lifelong health issues for the child, and the financial and emotional burdens that such issues create should not be placed on the blameless shoulders of the infant's family.
Consider the list of the most common issues that lead to birth injury cases:
- Cerebral palsy
- Brain damage
- Wrongful death
- Perinatal asphyxia
- Paralysis
- Lacerations and fractures
- Erb's palsy
- Oxygen deprivation
- Cephalohematoma
- Spinal injuries
There are also many other medical issues that can lead to a valid birth injury case, and the key is to choose a birth injury attorney with a proven track record. While any injuries of this kind are considered personal injuries, you will not want to work with a legal professional who has yet to handle birth injury. This is a very difficult area of the law and in addition to the legal complexities; it is also a very emotional sort of case. The mother and child may have been harmed and are facing lifelong challenges or unexpected recovery times, and so the experienced birth injury lawyer is going to be far more understanding and helpful.
What to Expect
The burden of proof is on the parents seeking damages, but the skilled and experienced attorney will already know just how and where to begin. They will also be familiar with the range of damages that a client can reasonably pursue, and then help to build a strong case for each area. This might include:
- All medical expenses relating to the birth injuries (this would encompass past, present and all future costs anticipated)
- Emotional pain
- Punitive damages
- Physical pain
- Therapy and rehabilitation costs
- All lost wages, including those required to care for the baby
- In home care required by the injuries
The various ways birth injuries can occur means that a birth injury lawyer will need to build a case against the medical provider, a hospital, a medical equipment manufacturer, or a combination of care providers. They may be unable to pursue all of the damages listed above, or it may be clear that tremendous damages are due. The point is that no parents who are handling the outcome of birth injuries will be able to tackle their legal needs on their own or with someone who is unfamiliar with this area of the law.
Those who must live with the results of birth injuries may be facing a tremendous amount of emotional and financial hardship. These are things they did not expect or prepare for and they should not have to carry such burdens alone. Those who were negligent or who failed in their duties are liable for the damages and a birth injury lawyer is the most important resource at such times.
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