4 Reasons to File a Birth Injury Claim

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Photo by Olivia Anne Snyder on Unsplash

Among the most emotionally catastrophic situations a family can go through are birth injuries. The suffering and worry accompanying an unforeseen injury to the infant eclipses the delight of welcoming a new life. Many times, malpractice or medical neglect, like carelessness, are the cause of these birth injuries.

A key first step toward obtaining justice, financial support, and holding the liable persons responsible is filing a birth injury lawsuit. Families might think about submitting a birth injury claim for these four reasons.

Holding Healthcare Providers Accountable

Healthcare negligence during childbirth constitutes a profound violation of patient confidence. Medical professionals and facilities should face responsibility for the resulting harm when they deviate from standard protocols or commit avoidable mistakes.

Pursuing a birth injury lawsuit communicates that inadequate care is unacceptable and that medical providers must uphold exceptional safety standards. This responsibility goes further than single incidents. 

Medical institutions facing legal repercussions for negligent practices are incentivized to enhance training, strengthen safety measures, and upgrade equipment and procedures. Your legal action helps drive systematic improvements that may protect other families from experiencing similar trauma.

Secure Financial Compensation

Birth trauma typically leads to substantial healthcare costs, both initial and ongoing. Based on the injury’s type and extent, your child might need:

  • Immediate surgical procedures or medical interventions following birth
  • Continuous healthcare services, including physical, occupational, or speech therapies
  • Custom equipment like wheelchairs, braces, or feeding devices
  • Ongoing medications and additional treatments

Families may find great financial strain from these quickly accumulating expenses. By pursuing a birth injury case, you can help cover these expenses and guarantee your child receives the required treatment without experiencing extreme financial hardship. Given that your child’s needs can grow as they age, settlements from these instances might also contain clauses addressing future medical needs.

Addressing Hidden Complications and Delayed Diagnoses

Specific birth injuries, especially those related to C section injuries, might not surface until months or years following childbirth. Damage to nerves, surgical complications, or internal scar tissue can develop into persistent pain, movement restrictions, or fertility issues that substantially affect a mother’s well-being. Likewise, brain-related injuries in newborns may remain undetected until children fail to reach developmental benchmarks or display learning challenges.

State laws governing the time limits for birth injury lawsuits differ, though many states acknowledge that the complete severity of these injuries may not be immediately evident. Initiating legal action protects your legal options while allowing medical professionals to conduct detailed evaluations of all possible complications and their lasting effects. This thorough examination is essential for determining the extent of harm and guaranteeing that any settlement accounts for the injury’s consequences.

Securing Long-Term Medical Care and Support

Many times, birth injuries require substantial, continuous medical treatment spanning decades or a lifetime. Children with Erb’s palsy and cerebral palsy need adapted equipment in addition to specific physical, occupational, and speech therapies. Over the lifetime of a child, these expenses could run hundreds of thousands or millions.

Winning a birth injury claim secures financial resources for high-quality care without overwhelming family finances. This compensation covers immediate medical costs plus future treatments, medications, equipment, home modifications, and specialized education. Many families discover that insurance inadequately covers comprehensive care, making legal compensation vital for accessing optimal treatment options.

Endnote

Birth injuries can leave families feeling helpless and uncertain of what went wrong or how to proceed. The first step toward getting justice and restitution for your family is often consulting with a seasoned attorney.

About Author

LaDonna Dennis

LaDonna Dennis is the founder and creator of Mom Blog Society. She wears many hats. She is a Homemaker*Blogger*Crafter*Reader*Pinner*Friend*Animal Lover* Former writer of Frost Illustrated and, Cancer...SURVIVOR! LaDonna is happily married to the love of her life, the mother of 3 grown children and "Grams" to 3 grandchildren. She adores animals and has four furbabies: Makia ( a German Shepherd, whose mission in life is to be her attached to her hip) and Hachie, (an OCD Alaskan Malamute, and Akia (An Alaskan Malamute) who is just sweet as can be. And Sassy, a four-month-old German Shepherd who has quickly stolen her heart and become the most precious fur baby of all times. Aside from the humans in her life, LaDonna's fur babies are her world.

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