If your child has been harmed by a birth injury that you suspect was preventable, the medical malpractice laws in your state can protect your family. Your injured child cannot speak for himself, so you need to hire an attorney to stand up for your child’s rights and those of your family.
If your little one is suffering from cerebral palsy, Erb’s palsy, persistent pulmonary hypertension, brain damage, or another birth injury that could have been prevented, working with a lawyer can be a successful avenue to fair compensation that will help you rebuild your life after a trauma.
Your Legal Responsibilities
Once you decide to hire an attorney and move forward with a birth injury claim, it is time to focus on the burden of proof. The burden of proof means that it is up to your lawyer to demonstrate to the court how your medical professional violated you and your child’s rights through negligent care. In addition to proving that a mistake was made, your attorney must show how that mistake directly led to the harmful birth injuries. From a legal standpoint, your attorney’s goal is to provide strong evidence that:
- Your doctor had an obligation to provide a high standard of care to you and your child,
- Your doctor violated current accepted standards of medical care, and
- This deviation from accepted standards of care caused specific injuries.
Your Right to Compensation
Medical malpractice damage awards are intended to reimburse direct medical expenses related to the injury, but also indirect costs that occurred as a result of the injury. For example, many birth injury claims lead to the recovery of settlement that include stipends for current and future income lost as a result of a child’s hospitalization, estimated future medical and special education costs, emotional injuries, and adaptive living equipment to help injured children lead a more normal life.
The Sooner You File, The Better
If you are considering filing a birth injury claim, please remember that all medical malpractice events have a time limit. If you don’t get the paperwork in by the cut off date, you may not be allowed to even plead your case. Your legal team can fill you in on the details regarding the statute of limitations for your state and answer any compensation questions you may have.