If you suspect that you or your child have suffered a birth injury, it is imperative that you contact a birth injury lawyer right away to help you determine whether you are eligible to receive compensation for your claim.
Caring for a child who has suffered a birth injury is something that no one can prepare for. An injury can lead to greater necessary time commitments for caregiving and higher financial costs at an already trying time in the life of a new parent, and this added stress can leave many wondering how they will cope.
Birth injury cases are complicated, and you shouldn’t have to endure them alone. The following are just a few of the many ways that an experienced medical malpractice law firm can help you handle your birth injury claim and receive the settlement that you and your child deserve.
Explain the filing process
Filing a birth injury claim is a complex process that is subject to time restrictions that are dependent upon the statute of limitations in the state according to the state you are filing in.
For example, in Michigan, birth injury claims must be filed within two years or within six months of discovering the injury. Though the restrictions do take delayed discovery into account and recognize that all birth injuries are not immediately detectable, proving a birth injury becomes increasingly difficult the further away from the birth date the claim is.
For parents who do not become aware of the injury until later, such as when the child begins school, working with a birth injury lawyer to file a claim is important, as your attorney knows exactly which evidence is required to prove the issue was the result of a birth injury.
Explain how and when a birth injury develops
Though the majority of birth injuries occur during the birthing process, many people are unaware of the fact that it is also possible for a birth injury to develop during pregnancy.
This occurs when a physician fails to monitor the health of the mother, such as an undetected infection or other physical condition that may cause premature labor or even birth abnormalities.
Your birth injury lawyer can help you better understand the nature of birth injuries and your eligibility for compensation.
Help you understand different types of birth injuries
Medical personnel are considered negligent when they do not provide the standard level of care that is necessary to ensure the safety and well-being of both the mother and the infant, but how do you know whether any injury sustained was the result of negligence or simply a casualty of the difficult process of childbirth? After all, birth injuries range in severity and character and include both temporary and permanent injuries.
For example, during the process of childbirth, if medical personnel pull or twist the baby incorrectly, an injury can occur. Conversely, sometimes a birth injury is the result of mishandling medical tools, such as forceps.
Bruises, abrasions, and broken bones can be telltale signs the baby was handled roughly during or after delivery. In addition, failing to recognize the need for cesarean surgery can also be a legitimate birth injury claim, as it can have lifelong consequences for the baby and the mother.
Your medical malpractice attorney can help explain the more common signs of a legitimate birth injury and what to look for if you believe you and your child have fallen victim to medical negligence.
Help you determine if you have a case
There are certain criteria to consider before filing a birth injury lawsuit.
For example, the evidence must show inferior medical care, such as failure to follow procedure or monitor the health of the mother and infant, was directly responsible for the acquisition of a birth injury.
Your lawyer will work closely with you to help examine your situation and determine if you have a legitimate case.
The takeaway
Although no amount of money can make up for the trauma of a birth injury, an attorney will work to achieve a financial settlement that ensures the future needs of families that have suffered a birth injury are provided for.
