Having a baby should be a happy time. When you ask most expectant parents if they want a girl or a boy, they just say they want a healthy baby. So, what happens if something happens and your child is injured during delivery? This is when you need a Birmingham birth injury lawyer.
Some of the most tragic cases that personal injury lawyers handle are birth injury cases. The parents are devastated. They want to know what happened. They want to know who is responsible. If someone is, they want them to pay. And they should. Whether it’s the doctor or the hospital who are responsible, they should be held accountable.
Birth injuries are usually the result of negligence. Something goes wrong during delivery and your baby gets hurt. This is often due to a lack of oxygen during the labor and delivery process. This can cause birth defects, developmental delays, and other illnesses including cerebral palsy. These can lead to lifelong medical issues.
If your baby is the victim of medical malpractice, you need to call a Birmingham birth injury lawyer.
Childbirth is one of the most amazing moments in a couples life. When that moment is damaged due to negligence, call us to get the representation your family needs and deserves.
Birth Injury Attorneys Handle All Sorts of Cases
Unfortunately, a lot of things can go wrong when delivering a baby. When this happens, birth injury attorneys are there to help. You may need to provide long-term medical care to your child. The extent of their care will depend on the type of injury.
Some of the most common types of birth injuries include:
- Cerebral Palsy: This is a congenital disorder that affects muscle tone and movement. It is usually caused by a lack of oxygen to the brain during delivery.
- Erb’s Palsy: This is a paralysis of the upper arm(s) due to nerves being stretched or torn. Sometimes there are treatments for it, but it takes time and medical care.
- Paralysis: Your baby could end up with paralysis in different parts of the body. This can be caused by certain parts of the baby’s body being handled improperly during childbirth.
- Spinal Cord Damage: Whether it’s from being turned around the wrong way in the birth canal or from medical equipment, your baby could suffer spinal cord damage. This can lead to significant medical issues down the road.
- Skull Fractures: If the doctor has to use forceps during delivery, it can cause skull fractures. This may require surgery to correct.
All of these injuries can mean long-term medical issues for your baby. This can be very expensive. It may also affect the quality of your child’s life. Your Birmingham birth injury lawyer will make sure the responsible parties are held responsible.
This may mean you need to pursue claims against the doctor, the hospital and other potential third parties. You need to include them in your initial claim because you may not be able to add them later on.
What Parties Could be Responsible for Your Baby’s Injuries?
Childbirth is extremely stressful, but also an exciting time for the family.
Most birth injury lawsuits are filed against the doctor and the hospital. If they’re deemed negligent, their insurance policies will have to cover damages. In order to prove that they caused your child’s injuries, you’ll have to show that they committed medical errors and fell below the standard of care.
Your attorney will have to prove that the medical professionals are guilty of malpractice. This requires four (4) things:
- The defendant owed you a duty of care
- They breached that duty
- Your child suffered injuries or death
- Their injuries were caused by the defendant’s breach of the standard of care
Of course, the doctor owes you a duty of care. It’s their job to safely deliver your baby. If they do something wrong, your baby could get hurt or die. However, proving they fell below the standard of care can be difficult.
Your birth injury lawyer will hire experts to prove that the doctor or hospital was at fault. What did the doctor do that caused your baby’s birth injury?
When it comes to proving your child’s injuries it shouldn’t be that difficult. There’s really no other way your child could have gotten injured. Unless the defendant can prove that your child’s injuries would’ve occurred regardless of the doctor’s mistake, they should be held liable.
What Kind of Damages Will Your Birth Injury Lawyer Demand?
If your child suffers a preventable birth injury, you’re entitled to certain damages. Your lawyer will make sure you’re compensated for your child’s injuries. You need to make sure you’re able to take care of your child for the rest of your life.
Your birth injury lawsuit will include the following damages:
The defendant is responsible for current and future medical bills for your child. With birth injuries, you may have thousands of dollars in medical care.
Pain and suffering
You can demand that you be compensated for the pain and suffering experienced by your child and your family.
If it costs you money to take care of your child because of his injury, or if you are unable to work after your child’s injury, you can demand compensation for this.
Your attorney is going to work hard to make sure you get the compensation you deserve. They will work hard to negotiate a settlement of your claim with the insurance company. Nobody wants to go to trial. Trials are time-consuming and expensive. Your lawyer will work to make sure that your child can be taken well care of.
Contact a Birmingham Birth Injury Lawyer Right Away
If your child has suffered a birth injury, you need to contact a Birmingham injury lawyer right away. Your child is going to need special care from the start. You need to make sure the responsible parties are held accountable.
Call us today at (855)965-1688 and schedule your free initial consultation. You can sit down with an experienced attorney and ask any questions you may have. They can also review your case and let you know what it may be worth.
The initial consultation is free and you pay nothing until you settle your case. The defendant will have a whole team of lawyers working for them. You need one standing by you as well. Contact our offices today to get the representation you deserve.
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