There is no greater joy than bringing a bouncing new baby boy or girl into the world and into your family. There are few sorrows so deep, however, as knowing that your baby was injured in the birth process as a result of someone else’s negligence. The grief you endure as a consequence can seem insurmountable, but there are legal remedies that can help you obtain the compensation you need to help ensure your child has the best possible chance to reach his or her fullest recovery and potential.
What Is the Delivery Team’s Obligation?
The medical professionals involved in your child's birth have a standard of care that they are required to adhere to. This standard of care refers to the generally accepted medical practices and level of care that other medical professionals in the field would employ while performing a similar procedure in a similar situation. When the delivery doctor – or another medical professional involved in your child's birth – fails to employ this standard of care and your child is injured in the process, it may be a case of medical malpractice.
Common Birth Injuries
A birth injury can come in nearly any form, but there are several kinds of birth injury that are most common, including:
- Cerebral palsy
- Shoulder dystocia
- Head injuries
- Infections
Any one of these conditions can lead to overwhelming physical, financial, and emotional consequences for your child and for your family.
Damages Suffered
If your baby suffered a birth injury, the damages suffered can be immense, including:
- If your child acquired a serious permanent injury, it means that he or she will have to deal with the consequences of that injury for a lifetime. This can affect his or her education, career, social interactions, and much, much more.
- The financial consequences associated with a birth injury can be nearly incalculable. There are medical expenses that are likely to be ongoing, but there are many other costs as well. For example, either you or your spouse may have to leave your job in order to stay home and care for your injured child. Further, you may need to hire additional help to ensure that your child's physical needs are adequately provided for throughout each day.
- The emotional pain and suffering associated with a birth injury can be immense. In fact, it is difficult to imagine a more difficult and painful scenario.
While every birth injury case is specific to its own circumstances, the associated damages tend to be extensive.