When you receive an adverse diagnosis after the delivery of your son or daughter, you want answers right away. Understanding the causes of medical negligence and birth injuries can help you come to terms with your child’s current condition. It can also help you determine if an unavoidable accident or avoidable negligence led to their situation.
Discovering the doctor who delivered your infant was negligent in some way can be devastating. Once you uncover their negligence, the best thing to do might be to contact a lawyer near you. Indeed, a medical malpractice lawyer can help you fight for compensation. An attorney’s involvement can also let you focus your time and energy on your baby’s health without missing a beat in preparing and filing your case for compensation.
Know What Constitutes Medical Negligence
You expect the healthcare professionals who provided medical care throughout your pregnancy and delivery to have appropriate knowledge and training and offer a reasonable standard of care. However, that isn’t always the case. Medical negligence occurs when you receive inadequate medical care and attention.
You do not deserve to have your child’s birth marred by medical negligence. If you received substandard medical care during your delivery, your child is also a victim. Negligence of this type is compensable, and you can file a civil lawsuit to help you recoup the costs of your child’s injuries, the ongoing care they will need, and your pain and suffering.
How Medical Malpractice Causes Birth Injuries
Medical negligence means you did not receive the care you deserved when delivering your newborn, leading to your child’s birth injury. In addition, substandard or negligent care throughout your pregnancy could also result in a birth injury. Stanford Children’s Health cites the following causes of birth injuries:
- Large birth weights
- Abnormal birth presentations
- Premature births
- Prolonged and difficult labor
- Improper use of forceps or vacuums
You could consult a lawyer if your child suffered a birth injury. A personal injury attorney can help you subpoena your medical records and your child’s. Additionally, they can have your documents reviewed by a medical peer who can help clarify your case and validate your right to financial recovery.
For a free legal consultation 800-747-3733
Medical Negligence Can Entitle You to Sue
After having a baby, the last thing you expect is to go to court. However, most medical malpractice claims settle out of court, so do not let the thought of a daunting court case stop you from holding the negligent party responsible for their actions. Besides getting the compensation you need to care for your child now and in the future, you also help protect other mothers and newborns from substandard care.
You can sue the negligent medical practitioner by proving they should have provided you with adequate medical care and did not. You also must prove their negligence is the cause of your child’s current condition and has financial consequences.
You Can Recover These Damages
As a layperson, you might not know if your case meets the legal standard of medical negligence. It can be even more difficult to know what damages to claim and how to value these losses. In general, you can request compensation for the following:
- Medical care for your child, including their current and future needs like hospital stays, corrective surgeries, and physical therapy
- Future lifestyle needs like medical devices (e.g., crutches, braces, beds, and wheelchairs), at-home care providers, and modifications to your home
- Pain and suffering to compensate you and your child for the physical and emotional aftermath of medical negligence
When you stay home to recover from a faulty delivery or care for your child throughout their recovery, you could also recoup your lost income from not returning to work.
Start Seeking Compensation for Your Child Immediately
Like most people, you generally know what a statute of limitations is – the length of time for filing a lawsuit. However, you might not know how it applies to your child’s case.
Civil cases involving children usually have a longer filing deadline than an adult’s case simply due to the child’s age. The statute of limitations usually does not start until the child’s 18th birthday. A birth injury lawyer can explain how the statute of limitations applies to your case and ensure you meet the deadline.
Get a Free Review of Your Birth Injury Case
Understanding the causes of medical negligence and birth injuries can be difficult on your own. Fortunately, you don’t have to be alone in your fight. Our team at the Law Offices of Anidjar & Levine is proud to be the voice for injured childre and their parents. Find out how hard we fight for your family by calling one of our team members at 1-800-747-3733 today.
