Birth injuries can lead to lifelong consequences for children and their parents. Some injuries resolve themselves shortly after birth but others result in permanent disabilities. Some children need ongoing medical care throughout their lifetime, and this puts a financial burden on the family. Not all birth injuries are preventable and some result from difficult deliveries.
However, some injuries occur directly because of medical negligence or preventable medical errors. Nurses, doctors, and other medical staff can make mistakes during labor and delivery. When birth injuries are caused by negligence, the parents can seek compensation from the responsible parties.
Birth injuries are not the same as birth defects. The latter is a disability or health condition caused by genetics rather than trauma at birth. Birth defects are usually unavoidable. On the other hand, birth injuries are caused by events that harm an otherwise healthy child.
It is usually very difficult for parents to hear that their baby suffered an injury, especially when the damage is extensive. If you’re dealing with an injured baby, your primary concern is likely to be their wellbeing. However, you’ll only be able to care for them properly if you have the money with which to do so. Seeking compensation from the at-fault medical professional or facility is a necessity for many parents.
Hiring a birth injury lawyer is usually the best thing to do. Even if you’re not sure you have grounds to file a lawsuit, you’ll need to know about your legal options. If something went wrong during your child’s birth, contact a Maryland birth injury attorney and get a professional review of your case.
Compensation You Can Claim in a Birth Injury Case
Medical bills can be extremely high for newborns. If your child needs ongoing care, you could be facing a lifetime of expenses. You may also be unable to work if you have to stay at home and care for your little one. The compensation you can seek in a birth injury case will help to take care of these and other expenses and losses. Birth injury claims and lawsuits aren’t designed to punish doctors or nurses. They won’t have to pay out of their pockets. Rather, their insurer is required to foot the bill. You will need a Maryland lawyer to help you quantify all your losses, gather evidence and negotiate with the insurer.
Some of the things for which you can claim compensation are:
- Past and future medical expenses
- Expenses associated with physical therapy, rehab or mobility devices like electric wheelchairs
- Pain and suffering
- Lost income for both parents and child
- The cost of assistive care
The money you receive from the at-fault party’s insurer will help you to improve your child’s quality of life. Even if you have health insurance, it may not cover all the bills associated with a serious injury. Ongoing therapy, wheelchairs and other necessary equipment are often out of the reach of many families.
How to Pursue a Birth Injury Case
Your first priority will be to get the necessary medical care and treatment for your baby. Even if their injuries are permanent, early intervention can make a big difference. At this point, you should also begin to collect as much evidence as possible regarding their condition. Request their medical records and hang on to any communication you receive from physicians and other professionals. This will assist the attorney in determining whether you have a viable claim for medical malpractice.
At your earliest convenience, you should make contact with a lawyer. Once they have reviewed your baby’s medical records, they will look into whether there is evidence of negligence. To do so, they will consult an expert witness who is likely to a doctor in the same specialty as the one suspected of malpractice. This individual will review the records and give an opinion on whether the doctor was negligent. If they agree that the medical professional breached the established standard of care, you’ll be able to proceed with the lawsuit.
Before filing the suit, your lawyer will likely contact the defendant to outline your claim. Some defendants make a settlement offer at this point while others deny liability. If negotiations don’t result in an acceptable settlement, your attorney will recommend that you file a lawsuit to get the damages you deserve.
Contact Lawyers at Pinder Plotkin LLC to Discuss Your Case
If your baby sustained a birth injury due to someone’s negligence, you deserve to get compensation. However, you won’t be able to do so without help from a law firm in Maryland that handles birth injury cases. Contact us today to schedule a free consultation and learn how we can help you and your family.