The birth of a new child is oftentimes the happiest and scariest day of any parent’s life. While undoubtedly elated, almost every new parent equally experiences a sense of anxiety about being responsible for carrying a new life into and through the world. One of the most common anxieties experienced by new parents is for their child’s health and well-being. During the first few years of a child’s life, it can become quickly apparent how a child is progressing developmentally.
While many parents stress about what they can do to assist their child’s cognitive development, an unfortunate truth is that many cognitive impairments are caused by avoidable injuries suffered during the birth and delivery process. When these types of avoidable birth injuries occur, medical malpractice has usually also occurred somewhere in the delivery room. A personal injury lawsuit can be an effective means of seeking justice and compensation for the injuries sustained by a child and their family resulting from birth trauma.
If you or a loved one have recently given birth to a child that has experienced birth injuries, you should contact an attorney as soon as possible. You may be entitled to seek legal compensation for the injuries suffered by your child and your family.
Conditions Caused by Birth Injuries
Birth injuries can cause life-altering, painful conditions that forever affect a child’s livelihood, and which can also place a permanent expectation of caregiving on to a child’s parents. These injuries can not only be emotionally devastating but also very expensive. Common types of conditions associated with birth injuries include:
- Cerebral palsy
- Cystic fibrosis
- Generalized developmental delays
- Brachial plexus
- Hypoxic ischemic encephalopathy (HIE)
- Erb’s palsy
- Spina bifida
- Cephalohematoma
When a birth injury causes one of these conditions to develop in a child, an affected family should speak with an attorney immediately to inquire about a birth injury lawsuit. You may not be aware of evidence that could suggest a preventable cause of your child’s condition, and an attorney can assist you in evaluating your case and seeking new evidence that might become available.
Birth Injuries and Medical Malpractice
When birth injuries give rise to lawsuits, those birth injuries are usually caused by medical malpractice. Medical malpractice occurs any time a doctor or other health care provider acts in a manner that is out of accord with an accepted standard of care. With respect to OB/GYNs and delivery nurses, there are many guidelines and best practices that establish these standards of care, and it is generally apparent when medical malpractice has occurred. Common examples of malpractice that may cause birth injuries include:
- Prolapsed umbilical cord and failure to treat
- Failure to monitor fetal distress
- Improper or poor extraction in a C-section
- Miscalculations related to contractions
- Errors in prescribing or medication calculations
- Failure to treat infections
- Improper use or maintenance of medical equipment
Unfortunately, malpractice is often difficult to detect because hospitals and doctors are quick to cover their tracks to avoid allegations of malpractice. Any time you suspect that something has gone wrong or has not gone according to plan, you should contact an attorney to assist you in making further investigations into the matter.
Tampa Birth Injury Lawsuits
When any person, no matter their age, is injured by another person’s negligence or wrongdoing, the injured person is legally entitled to pursue compensation for their injuries. That compensation should fairly and fully compensate an injured person for all of the costs sustained because of their injuries, and a birth injury lawsuit is the method by which that compensation is obtained.
Damages in Birth Injury Cases
In a birth injury case, a specific dollar amount of damages can be difficult to ascertain, as it is impossible to quantify the effect of a lifelong condition, and it is often difficult to forecast how much a condition will impact a child’s life. Among the most common types of damages requested in birth injury lawsuits include:
- Medical bills and expenses, including costs of in-home health assistance and rehab
- Psychological damages for parents
- Loss of enjoyment of life or earning potential
- Pain and suffering
- Shortened life expectancy
- Costs of future and expected medical care
Birth injuries and birth trauma create lasting, permanent effects that may not become present until years into a child’s life, including brain damage, nerve damage, orthopedic damage, and more, in addition to mental and emotional damages to parents. For that reason, it is essential that you work with an attorney who will seek the maximum amount of compensation that the law may entitle you to receive.
How an Attorney Can Assist Your Family
The biggest way that an attorney can assist families who have been victims of birth trauma is by helping to ensure that their child is taken care of in the long run. Far too often, accident victims are discouraged from pursuing damages in a personal injury suit due to stigma. But for families dealing with birth injuries, compensation means more than compensation for a one-time event.
Instead, birth injury compensation ensures that a child’s interests are taken care of for the remainder of the child’s life. Ideally, the compensation that a family obtains from a birth injury lawsuit can be used to cover the costs associated with medical care for years to come, and can in turn, ensure not only that a birth injury isn’t financially devastating, but also that a child lives to his or her fullest potential.
Get in Touch with a Birth Injury Attorney Today
We’re proud to offer free consultations to prospective clients who may be interested in pursuing a birth injury lawsuit. We understand the complex nature of these situations, and we’re ready to assist you and your family today. If we’re able to take your case, we will pursue justice to the fullest extent possible to ensure that your family’s interests are protected now and in the future.
At Bailey Glasser, we provide comprehensive legal services encompassing various areas of personal injury law. This includes handling cases of wrongful death, where we strive to secure justice and compensation for families facing the devastating loss of a loved one. We also represent victims of dog bites, ensuring they are adequately compensated for their physical and emotional trauma. Furthermore, our team is experienced in dealing with car accident cases, fighting for the rights of those injured due to someone else’s negligence on the road.
Contact us today to set up an appointment with a member of our team.