When You Can Sue for a Birth Injury
Birth injuries can range from mild to severe, but no matter how minor they may be, they can result in expenses you did not plan for and might not be able to afford. For more serious injuries, you and your child may face a lifetime of costs and suffering associated with their permanent effects. Often, these injuries are a result of negligence, whether by someone on hospital staff or an overseeing physician, which means you can hold them accountable for any injuries they are responsible for.
There is a difference between a birth injury and a birth defect. The challenge you may face as a plaintiff is that a defense attorney may try to argue that your child suffers from a defect, something he or she was born with or predisposed to, rather than an injury inflicted by negligent healthcare professionals. Obtaining skilled representation will help deflate these tactics.
Although the idea of a lawsuit may appear quite daunting, especially if your time or attention is already stretched thin in trying to care for your child, a successful birth injury lawsuit can be of great help to your child’s future, helping to cover costly lifelong treatment, doctor visits, or physical therapy. In fact, a birth injury lawsuit can help you recover damages for:
• Medical expenses and healthcare costs.
• Pain and suffering.
• Lost wages as a result of having to care for your disabled child.
• Loss of enjoyment and companionship.
The most important step to take when you first begin to suspect that your child has a birth injury is to first treat your child and make sure that, if recovery is a possibility, you begin that process as soon as possible. This will also help you collect as much data as you can in the meantime, which will be helpful for when you do file a lawsuit.
To file this type of lawsuit you will have to prove the following:
• That the healthcare professional, whether he or she was medical staff or a physician, was responsible for your child’s medical care when they sustained the birth injury.
• The required care of duty was breached while caring for your baby.
• The aforementioned breach in care led to the sustained birth injuries.
At Fieger Law, our Southfield birth trauma experts have been fighting for victims’ rights for more than 30 years. If your child suffers from a birth injury, we can help. Some of the most common birth injuries include cerebral palsy, placental abruption, infant cephalohematoma, and Erb’s Palsy. Call us for a free consultation at 1-800-294-6637.