Posted on: 5 August 2017
The birth of your child should always be one of the happiest and most awe inspiring days of your life. However, it is a reality that birth can be a surprisingly risky procedure for both the mother and the child. In some instances, the child may suffer a serious injury during the birth process, and it is important to appreciate the legal rights that you will have when your child suffers these injuries.
Is A Birth Injury And Birth Defect The Same Thing?
Individuals will often confuse the notions of birth defects and birth injuries. However, these two types of medical conditions are extremely different. A birth defect is a condition that develops while the baby is still developing in the mother's womb. Often, these problems will be due to genetic disorders or other complications with the pregnancy. In contrast, a birth injury will be the result of accidents or improper procedures during the birthing procedure. Additionally, it can be possible for the actions of the doctor to worsen existing complications.
How Is Compensation For A Birth Injury Determined?
In situations where the child has suffered injuries due to the actions of the doctor, it is possible to file a lawsuit to recover damages. These damages will be calculated differently depending on the state where the injuries occurred. However, those that are victims of these incidents are usually entitled to compensation for treating the injuries that the child suffered and potentially punitive damages against the medical staff. Depending on the circumstances, it may also be possible to pursue lawsuits against other parties that may have been responsible for the injuries or creating conditions that lead to the injuries. An example of this would be if you sue a medical device manufacturer over faulty equipment that contributed to the accident.
When Should You Retain A Birth Injury Lawyer?
If you start to become suspicious that your child may have suffered a birth injury at the hands of the medical professionals that were responsible for safely delivering the child, it is important to promptly contact a birth injury lawyer so that you can discuss the facts around your case. These professionals will understand the particular birth injury laws for the area, and this will help you to understand the whether the actions of the medical staff rise to the level of negligence. When this is the case, these professionals can help you to build evidence for your case, However, the quality and quantity of evidence may deteriorate as time passes, and this contributes to the importance of prompt action.Share