Steps To Take After a Birth Injury With an Experienced Attorney
After carrying a pregnancy to full term, every mother dreams of a safe and speedy delivery. Indeed, few experiences compare to the thrill of holding a bouncing newborn in your arms for the first time.
However, that joy can quickly be eclipsed by the unfortunate realization that your infant suffered a severe birth injury.
The Birth Injury Justice Center estimates that birth injuries affect 7 of 1000 newborns in the United States. While these occurrences are relatively uncommon, they’re no less heart-wrenching.
Birth injuries may result from natural causes, such as abnormal fetal positions. But they could also be due to sheer medical negligence.
Knowing that someone is responsible for your baby’s birth defects is distressing, but it’s much less so if the negligent party won’t own up, sometimes even threatening legal action against you for apparent defamation.
Fortunately, an experienced lawyer can help you navigate the aftermath of birth injuries and bring the negligent medics to justice. Here’s how.
- Validating Injuries
Working with a professional child birth injury lawyer is your best bet when navigating these traumatizing ordeals. However, establish that a birth injury actually did occur before contacting a lawyer.
Birth injuries differ from congenital defects. While medical malpractice may cause harm to your infant during delivery, congenital deformities occur during the gestation process.
It’s also important to note that the following typically don’t constitute birth injuries;
- Head molding
Head molding is a temporary, cone-shaped appearance of an infant’s head right after vaginal delivery. It typically results from the pressure exerted by contracting muscles along the narrow birth canal.
- Scalp bruising
Surgical devices like forceps may cause minor bruising on your baby’s head. No cause for alarm if the abrasions are only superficial.
- Caput succedaneum
Most infants are born with soft, puffy swellings on their scalps. Caused by labor pressure, this condition is harmless.
- Subconjunctival hemorrhage
Fiery, red bands on the white part of your baby’s eyes are due to tiny, damaged blood vessels. The condition is harmless and mostly resolves within a week.
If you’re in doubt, seek a second opinion from an unbiased medical practitioner.
- Contacting a Lawyer
Consult a birth injury lawyer immediately when you discover that your infant was harmed during delivery.
A lawyer will professionally review your case and recommend the best course of action. If the injuries are life-threatening, the attorney will recommend seeking emergency treatment in a reputable pediatric facility.
Contacting a birth injury lawyer immediately also ensures you’re within the statute of limitations.
Seek out an experienced medical malpractice attorney, preferably one who specializes in birth injuries.
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- Documenting Evidence
Solid evidence is the cornerstone of birth injury lawsuits. Before filing a claim, your attorney will gather every bit of useful information.
Use your smartphone to take clear pictures of your infant’s injuries.
If you suspect your baby is harmed immediately after delivery, document all evidence before leaving the maternity ward. It helps tie all injuries to the delivery facility.
Discretely capture critical elements within the clinic, including the ward layout and faces of key staffers.
- Securing Medical Records
Birth injury lawyers recommend keeping a detailed journal of your prenatal appointments.
Besides, document your delivery date and time, any delivery complications, and postnatal reports.
Your lawyer will require these, alongside the names of all medical staff involved, to build a solid case for compensation.
If you’ve already sought treatment for the injuries, secure the billing records too.
- Prioritizing Medical Care
An experienced birth injury lawyer isn’t quick to find fault. Rather, their #1 priority is your child’s health and safety.
As the lawyer goes about evidence documentation, they’ll recommend taking your infant for comprehensive treatment.
Remember to secure all therapy reports and billing statements.
As you monitor your baby’s condition, your birth injury attorney will utilize these records to calculate the total damages.
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- Conducting Further Investigations
Gathering initial evidence during birth injury investigations is challenging enough. However, it’s the ensuing investigation that is truly complex.
First, a professional birth injury lawyer will review the evidence in their possession to uncover whether the medical facility breached the duty of care. They may consult independent medical experts for more insights.
Next, the lawyer will establish a direct causal relationship between the injuries and the resulting damages.
They’ll then confront the defendant with their findings, handling all communications with the facility on your behalf.
- Offering Legal Representation
Your birth injury lawyer will file a formal claim for compensation. Claims are typically leveled against facilities, rather than the individual personnel directly responsible for the malpractice.
An experienced lawyer will file a claim before the expiry of the statute of limitations.
In the United States, the statute of limitations for birth injuries is usually 2 – 3 years from the discovery date.
Your attorney will prioritize an out-of-court settlement. But if the defendant won’t cooperate, the lawyer will escalate the matter to a full trial.
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The Bottom Line
Birth injuries can be traumatizing for any parent. While causes vary, the experience is particularly tormenting if you know someone is directly responsible for your child’s condition.
Fortunately, an experienced attorney can help defend your rights and bring negligent parties to justice.
A birth injury lawyer will handle critical investigations on your behalf. The attorney will also negotiate a fair settlement with the defendant, taking into consideration the financial losses incurred and your emotional suffering.
If a birth injury case winds up in full trial, your attorney will professionally represent you throughout the process.
In the meantime, you can focus on pursuing complete recovery from the unfortunate ordeal.