Nothing is more frustrating to a parent than seeing a child suffering needlessly. But this scenario plays out all over the country thousands of times each year when babies sustain injuries during birth. Birth injuries occur for many reasons, but in cases in which birth injuries result from careless mistakes by medical professionals and medical negligence, parents have the legal option to hold those at fault responsible for their actions. Our Anaheim birth injury attorney can help you file a claim on behalf of your child.
Improper standards of care employed during the birth of your child lead to most birth injuries. Delays in diagnosing fetal distress or in order for a C-section delivery, recommending a vaginal birth after Caesarean, and improper use of suction or forceps to assist the baby through the birth canal are all common causes of birth injuries, including:
- Brain damage.
- Bleeding into the skull, or cephalohematoma.
- Shoulder dislocation.
- Broken bones.
- Nerve damage.
- Lung issues.
- Erb’s palsy and cerebral palsy.
These are just a few of the injuries that babies often suffer due to the negligence of others during the critical birthing period. While some birth injuries are evident at birth, others may take longer to discover—and doctors and other medical professionals are often not forthcoming in admitting fault. Many times, doctors try to blame injuries on the mother, or they make a case for the injury resulting from some other cause. Because of this, it is important to choose an attorney who has gone head-to-head with big insurers in the past in birth injury cases like yours and who understands the strategies used in identifying the source of your child’s injuries.
Compensation In Birth Injury Claims
It’s important to remember that all birth injury cases have unique elements that go into play when determining the type and amount of compensation to seek in a birth injury claim. A successful birth injury claim may include:
- Medical expenses due to the birth injury may include past, present, and future care costs.
- Expenses for therapy and rehabilitation.
- Parents’ lost wages.
- Reduced income due to caring for an injured child.
- In-home care costs.
- Costs incurred for special education for a child.
- Non-economic damages for pain and suffering.
In addition, if the act causing the birth injury was particularly malicious or exceedingly outside the scope of the standard of care, then punitive damages may be assessed. These damages serve as a punishment to the at-fault party; courts award them to deter repeat offenses by the same medical professional, hospital, or other entity.
Working With An Anaheim Birth Injury Attorney
As a parent of a child with a senseless birth injury, you are frustrated, angry, confused, and scared. You may feel helpless and wonder where to turn next. Contact JML Law to discuss your case with our Anaheim birth injury attorney to weigh the legal options you have available when you’re ready to hold the at-fault party responsible for their actions. Set up your no-cost case review now.
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Every case is unique and needs to be evaluated by our experienced lawyers. If your baby had been injured during birth,
