Welcoming a baby into the world should be one of the happiest moments of your life as a parent. Unfortunately for some, their babies may suffer a birth injury in the process. When harm is incurred by a baby during birth, it is known as a birth injury. Conversely, some babies have congenital defects that develop before birth that are not the result of labor and delivery.
You might be wondering if your child’s birth injury is grounds for medical malpractice. In short, it most certainly is, though it is one of the most challenging types of negligence-based cases to prove.
What Are the Signs of Birth Injuries?
Babies with birth injuries usually have bruising or swelling, and some may be paralyzed on one side of the body. Other indications may be seizures or difficulty feeding. Some birth injuries are not obvious immediately and are only discovered when developmental delays are apparent as the baby grows.
Early intervention for birth injuries is crucial, and if you have suspicions, you should make an immediate medical appointment to have your child checked out.
What Is Needed for Medical Malpractice?
Before you can file a claim for medical malpractice, you must understand the role of healthcare professionals in the birthing process. They are required to follow the appropriate standard of care, which means that it is a standard another healthcare professional with the same background would have provided under the same conditions.
Any medical professional who deviates from the standard, either through actions or inactions, can cause birth injuries. This is the basis of proving medical malpractice in birth injuries.
It doesn’t stop there. Proof must demonstrate negligence to hold a doctor, healthcare professional, or even a healthcare institution liable for a birth injury. Negligence consists of four components and all of them must be present to have a valid claim.
The healthcare practitioners must be shown to have a duty of care to you and the baby as patients. It then must be shown this duty was breached by their failure to act according to the acceptable standard of care. Next, causation needs to link the breach directly to the birth injury, and damages must be present.
What Should I Do If My Healthcare Provider Was Negligent?
If your child sustained a birth injury, you should not wait to speak to Evansville birth injury lawyers. Evidence will be required to prove the birth injury was caused by negligent actions, otherwise the provider can claim they did what any other professional would have done.
Medical records that chronicle the care and procedures followed are critical, though an attorney will bring these documents to a third party expert to get their medical opinion. Other members of the medical staff may also come forward and speak about what they observed that deviated from the standard of care. Armed with this evidence, your lawyer will be able to prove negligence through a strong case.
Acting Quickly: Why Timing Matters for Birth Injury Cases
Medical malpractice falls under the umbrella of personal injury law, and there are strict time limits involved for filing lawsuits. Known as the statute of limitations, it is designed to minimize frivolous lawsuits while helping those who have a legitimate claim process their cases. Since evidence can be less reliable or even fade away over time, the statute of limitations benefits plaintiffs. In Indiana, you have two years from the date of the birth injury to file a legal claim with the courts.
Compensation for Victims of Birth Injuries
A moment of pure joy was robbed from you when you discovered that the baby you were lovingly awaiting for the last 9 months was injured during birth. For some families, these injuries can result in a lifetime of medical support for special needs. It creates a massive burden that can overwhelm any family.
Fortunately for parents facing these unimaginable hardships, legal action allows for compensation that can help cover these expenses. Whether through settlement or a verdict, you can recover the medical bills you’ve already incurred, along with compensation for your child’s future medical needs as a result of the injury.
Often, families that have a baby who has suffered birth injuries may be unable to work full-time as they must provide constant care for the extreme demands of a special needs child. Filing a lawsuit allows you to seek financial recovery and security that will ensure your child gets what they need to thrive.
In order to determine your next steps, make sure you speak with a lawyer who can provide guidance and full legal support during this challenging time.
