Medical Malpractice Attorney
There is no experience on Earth that parallels learning that your newly born baby has suffered injury during the birthing process. Birth trauma is both physically challenging for the newest member of the family and can be both emotionally and financially challenging for the loved ones of the tiny injury victim. There are so many emotions that can leave new parents in the wake of birth trauma that it can be difficult to know how to start processing them.
While speaking with an attorney doesn’t initially seem like a constructive way to deal with the wave of emotion which tends to accompany birth trauma, it is often one “tool in the toolchest” that new parents utilize to process their new reality as a whole. Seeking justice for an injured infant can help parents to process their anger, fear, and frustration in ways that may ultimately help their child, their family, and their financial situation to heal.
Financial “Damages” Awarded for Birth Trauma Victims
As an experienced medical malpractice attorney – including those who practice at David & Philpot, P.L. – can confirm, the new parents of an infant injured during the birth process are often in a strong position to seek financial restitution from those who are ultimately responsible for the harm caused by that trauma. Those who may be held legally responsible might include the hospital or other medical facility that provided birthing services associated with the traumatic circumstances and/or any individual medical provider involved in the traumatic birth.
Generally speaking, to succeed in a personal injury claim, the parties who have suffered harm must have been owed a specific “duty of care” under the law by those named as defendants in the lawsuit. Those defendants must have exercised a substandard level of care for those affected—generally in a negligent, reckless, or intentionally harmful way. Finally, those named in the lawsuit as plaintiffs must have been physically and/or financially harmed as a direct result of the substandard care provided. New parents can file on behalf of their infants, as minors cannot generally file their own lawsuits.
Depending on the severity and nature of the harm that your baby has suffered, your family may be entitled to damages related to medical bills, lost wages, loss of earning potential, pain, suffering, and other economic and/or non-economic damages. Please don’t assume anything about the possible strengths or weaknesses of your case until you’ve consulted with an experienced medical malpractice attorney in your area. You may be entitled to more compensation than you’ve been led to believe.