Birth injury isn’t something we plan for. Bringing a new life into the world is one of the greatest experiences in the life of a family, and Dyer, Garofalo, Mann, & Schultz wish everyone well in this journey. However, the process of pregnancy and birth is far from easy, which is why most families are strongly advised not to undertake labor alone and risk birth injuries to the baby or the mother.
But what happens if you go to a medical professional, and during delivery, the baby sustains birth injuries anyway? In situations like this, you need legal help, and a birth injury lawyer should be one of your first advocates in addressing any birth injuries and seeking legal and financial compensation.
What is a Birth Injury?
Before seeking out a lawyer, it’s best to define what kind of birth injuries would require the help of an attorney. Birth injuries, as the name implies, are injuries sustained by either the infant or the mother. A birth injury lawyer is needed if the harm occurred during the delivery process or shortly afterward.
So, for example, if a baby is diagnosed with a prenatal condition, such as cystic fibrosis, which is a genetic condition inherited from the parents, you can’t file a claim with the help of a birth injury lawyer. This medical condition was already present as the child was developing in the uterus and is not a result of the birth or delivery.
On the other hand, harm to a baby, such as brain damage due to poor handling in birth, or the mother undergoing an unnecessary cesarean section, are birth injuries sustained as a direct result of the delivery process. A birth injury lawyer would offer valuable counsel in this situation. You should contact an experienced traumatic birth lawyer like Dyer, Garofalo, Mann, & Schultz, for help getting the compensation you and your child deserve.
Types of Birth Injuries
There are two types of birth injuries that might require the help of an attorney. A lawyer can help you if you think your baby has experienced birth injuries such as:
The help of a birth injury lawyer is essential in these cases. Brain injuries are serious, and a birth injury attorney can advocate on your behalf to acquire compensation for a condition that may require permanent, ongoing financial support. Because the brain controls so many other aspects of daily life, an injury here can have long-term consequences that a newborn and the family must live with for the rest of the child’s life.
Brain injuries often occur as a result of oxygen deprivation. A birth injury attorney will work to prove that the baby experienced anoxia or hypoxia during birth.
This is another of the most common birth injuries for which a birth injury lawyer’s assistance can be valuable. A birth injury attorney can guide you through the process of seeking restitution for birth injuries you or your child sustained in delivery.
Physical injuries can result from the positioning of the baby during birth or from damage sustained by surgical instruments, such as if a medical professional uses forceps on the baby during birth. A birth injury lawyer’s help can make a big difference in getting your claim processed and approved. Physical injuries can also occur to the mother during childbirth, which is why sometimes these injury lawsuits may apply not just to the child, but to one of the parents as well.
Common Birth Injuries
Some birth injuries that require a birth injury attorney’s help are more common than others. The ones regularly handled by an attorney are:
- Brachial Plexus (damaged nerves)
- Facial Paralysis
- Cephalohematoma (bleeding under cranial bone)
- Caput Succedaneum (bruising)
- Bone Fractures
- Cerebral Palsy (due to lack of oxygen)
Any of these birth injuries can arise from negligence during birth, and a lawyer will counsel you on your next steps.
Why You Need a Lawyer
If your infant has sustained birth injuries as a result of negligent action on the part of the medical staff supervising the birth, a lawyer will collect the necessary evidence and consult with experts in the field to build your case. Understanding what has gone wrong, and who may be at fault takes the type of legal experience and expertise that only a birth injury attorney possesses. While negligence isn’t a criminal act, it is something a birth injury lawyer can argue in court for a civil lawsuit. A birth injury attorney will inform you of every step in your case and guide you through the complexities of a lawsuit.
While it’s theoretically possible for you to represent yourself in court, it’s highly inadvisable to go through this process without a birth injury lawyer. A birth injury lawyer understands the legal procedure for getting your case into court. A birth injury lawyer has the specific expertise required to get an appropriate settlement for the scope of your case.
A birth injury attorney will conduct the investigations required and get the expert medical testimony to help your case. Furthermore, your birth injury lawyer has the trial experience necessary to ask the right questions of witnesses and argue your case so that presiding officials can reach the right decision.
What are Birth Injuries?
Brachial Plexus (damaged nerves)
Cephalohematoma (bleeding under cranial bone)
Caput Succedaneum (bruising)
Cerebral Palsy (due to lack of oxygen)
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Prior to forming Dyer, Garofalo, Mann & Schultz, Doug worked as a bodily injury claims adjuster for a large insurance company. This unique experience has been a tremendous asset to Doug in his fight to achieve maximum cash settlements for his clients in minimum time. Since departing from the insurance company, Doug has dedicated his entire legal career to helping injured clients when they need it the most.