6 to 8 babies out of every 100 suffer one or another kind of birth injury
Birth injuries are tragic and painful for, both, the child and the parent(s). However, they can occur due to several reasons. The negligence of the medical professional can play a huge role in preventing or enabling them.
Children are delicate and precious. When handled improperly, they can suffer from irreversible damage that can ruin their entire lives. This is why childbirth injuries due to negligence or malpractice are so unforgivable.
In such severe cases, taking the help of a birth injury lawyer can help you in claiming misconduct and gain rightful justice.
Here’s how the legal procedure goes
- First, your lawyer helps you understand your legal rights and obligations regarding any kind of medical malpractice or negligence by your medical professional. The lawyer will also ensure that you have a valid case to prove.
- In order to move the legal procedures quickly, the lawyer will give you the list of all the necessary documents that you will be required to obtain. Documents may include the medical records, medical bills, test reports proving the before and after condition, insurance bills and Medicare, receipts of “extra” expenditures, etc.
- After collecting the evidence and documents, the lawyer will begin the pre-litigation process where they will speak to medical experts and witnesses and obtain any other relevant information. This practice will allow them to build a detailed and strong case in your favor.
- At this stage, your lawyer can also propose a settlement amount to the defendants. However, if they decline to pay and both the parties fail to reach a settlement, then your lawyer will begin litigation and a formal complaint will be filed.
- Once your complaint is processed, the defendants will be given time to formally respond to the complaint. In this stage, they will be given access to all the detailed complaint registered against them, including the evidence, documents, and the witness list. In many instances, after reaching this stage, the defendant offers to re-negotiate the settlement.
- If the other party does not agree on the settlement terms still, your case will proceed to the court for an appropriate amount of compensation.
Law firms, like BIKLaw and others, can help you in fighting a strong case and winning your rightful compensation. For your awareness, here are some of the most common injuries that occur due to negligence.
Some of the common birth injuries are
- Brain injuries: The biggest cause of brain injuries is oxygen deprivation. This may include chronic seizures and cerebral palsy. The leading cause of this is the attending doctor’s failure in correctly monitoring the baby’s vital’s right after birth.
- Fractures: A clavicle fracture, or the fracture of the collarbone, is the most common kind of injury that arises during natural birth because the doctor delivering the baby pulls too hard while the baby is still in the wrong position.
- Brachial Palsy: This injury occurs when the group of nerves which controls the movement of the limbs is injured. When the baby shoulder gets stuck behind the mother’s pubic bone and the doctor pulls the baby too hard in the incorrect way, the brachial or neck region of the baby can get damaged and can even result in total paralysis.
- Hemorrhages: During natural deliveries, the baby can suffer internal bleeding in the skull. Subconjunctival Hemorrhaging is also common in babies in which blood vessels burst in the baby’s eye due to improper handling.
Your baby is precious and any kind of misconduct that might damage their lives is unforgivable but the law is always there to help you in every difficulty.