A birth injury can permanently impact your child. Proper care during the first weeks of life is crucial to the development of an infant. Any breach in standards of care at this critical time may lead to long-lasting or permanent damage. Further, the additional care required to then address the resulting complications can present a prohibitive expense on the family moving forward. Birth injuries may be a result of medical malpractice, however, the majority of these injuries are the result of medical mistakes that can’t be avoided even when proper protocol is followed.
Birth injuries are those that occur as the child is being born. These types of injuries are particularly dangerous due to the fragile and vulnerable state of the infant during birth. Importantly, birth injuries are often confused with birth defects which do not occur as a result of malpractice. Common birth injuries include:
While some birth injuries may be recognized immediately, others may not become evident until months or years later. If your child exhibits any of these symptoms, please be sure to check with a medical professional as they may be associated with any number of medical issues that are not related to a birth injury.
Early symptoms:
Symptoms that appear later:
The financial impact of a birth injury, in addition to the emotional distress, includes both immediate medical attention and possibly long term care. Compensation will depend on various contingencies specific to the case, but in a successful case the plaintiff will be could be granted medical costs expended when the injury took place in addition to future medical costs if the injury requires more medical attention, rehabilitation expenses, medical devices required to treat the injury or maintain care, and costs generated by in-home care, therapy, or special education needs. As such, damage recovery may include:
The damage caused by birth injuries and medical malpractice should be legally compensated, but because of the nature of this type of incident, hospitals will often claim that the medical issue(s) is the result of a defect, not an injury. These cases can be hard to prove in court. If a lawsuit is filed, the plaintiff must show that
If there are any doubts about the cause of an injury to a newborn, you should contact an attorney. Please click here for a more detailed list of medical malpractice qualifications.
If you or your loved ones have suffered pain and loss as the result of a birth injury, schedule a consultation with a Virginia birth injury lawyer. Call to get started.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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