The birth of your child is one of the most exciting moments in life. Every parent is hoping for the arrival of a normal, healthy child.
The sad reality is that not all babies pass unscathed through the birthing process. About 2% of children born in the United States suffer an injury while being born. That works out to be about 29 babies out of every 1000.
This statistic only includes injuries that have nothing to do with any congenital disorders. They are injuries that happen during the birthing process. They are either an unavoidable accident or the result of errors made by a medical professional.
In these cases, hiring a birth injury lawyer is very helpful. These situations get tricky. It is not always easy to prove what really happened. Having a knowledgeable advocate will help you a lot as you weather this difficult time.
Let’s talk about 7 reasons why hiring a birth injury lawyer is a good idea.
1. Medical Negligence
Medical negligence refers to a situation that the doctor or medical staff could have prevented. In short, an injury that the right procedure or action could have prevented.
Medical negligence cases are very difficult to win in court. How do you prove the doctor knew or should have known what to do to prevent the injury?
That’s where a knowledgeable birth injury lawyer comes in very handy. You may not know how to prove it, but a good lawyer does. They have experience finding the facts and making them irrefutable.
2. Medical Malpractice
Medical malpractice cases are a far more serious issue. This term refers to a situation in which a medical professional knowingly deviates from accepted practices. You can file a medical malpractice suit whether an injury occurred or not.
A medical malpractice allegation is a strong accusation. In these cases, you should always involve a lawyer as soon as possible.
If the allegation is correct, the medical professional should indeed be punished for their actions. This will help prevent future deviations and other potentially risky situations. If it is not correct, the truth needs to come out so that a good doctor is not wrongly disciplined.
3. Birth Injury vs. Birth Defect
Sometimes injuries that babies receive during birth are unavoidable. Or a baby may simply have a birth defect that is no one’s fault.
To avoid repercussions, doctors may try to pass off negligence or malpractice as a defect. A good birth injury lawyer will thoroughly investigate the situation. This is the best way to accurately determine who is to blame or not.
4. Seek Appropriate Compensation
Some birth injuries are severe. Some babies carry effects of those injuries for their entire lives.
An injury requiring long-term special care and/or therapy is a serious issue. Parents have the right to seek compensation for the bills they will accumulate.
Many times those bills can add up to a rather large sum of money. The average person doesn’t know how to determine and seek appropriate compensation.
5. Determine Damages
To seek compensation, you must first determine damages. There are many expenses that fall into this category that the average person won’t think of. You also may not know how to determine which expenses apply to your situation.
Some examples of these expenses might be:
- Loss of income
- Loss of companionship
- Loss of life enjoyment
- Counseling costs
- In-home medical care
- Medical bills, including future ones
- Physical therapy costs
- Modifications you have to make to your home or vehicle
- Pain and suffering
It is a difficult situation when a child suffers a severe birth injury. The right birth injury lawyer can handle details for you. They will help you get through it with the compensation you deserve.
6. Protect Your Rights
In situations like this, you have legal rights. The average person doesn’t know what rights they have or how to use them. They’re also not in a frame of mind to be researching their rights. They want and need to focus on their child.
A birth injury lawyer will advocate for you. They will ensure that you get the right treatment and that no one violates your legal rights.
7. Provide Peace of Mind in a Traumatic Situation
In any situation, court cases are always very stressful. If your child suffered a significant injury, you want to focus on them. You are doing whatever it takes to help them heal. You will do whatever you can to mitigate the impact of their injury.
A drawn-out court case can seem like an unnecessary stressor. It is a big something extra on top of an already stressful situation.
Also, fighting for your child in court can seem ineffective and unnecessary. After all, money can’t undo the damage the injury has done. But, in negligence and malpractice cases it can prevent the same thing from happening to another child.
With the help of a birth injury lawyer, you can focus all your energy on your child. Take care of your child and let the lawyer worry about the case. The right lawyer will make sure you receive your due process.
Find Your Birth Injury Lawyer
Now that you realize the importance of a good lawyer, how do you find one? Picking a random name out of the phone book is not a good idea. You need someone with experience and grit to be your advocate.
If you’re looking for a birth injury attorney, Stephen Babcock is standing by to help you.
Your case — and your future will be our top priority. When we meet with you, we will review your case with you for free and after you hire us you will have Stephen’s 100% Client Satisfaction Guarantee.
If you have any questions about this article or want to visit with a lawyer for free, call Stephen at (225) 500-5000 or contact us here.
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