Seeing your child suffering because of a birth injury can leave you feeling helpless. You may not be sure what your next steps should be in addressing the harm your loved one has sustained. If the injury occurred because of a medical professional’s conduct and could have been prevented, you may be entitled to file a birth injury claim.
To have a chance to receive the support your child and your entire family need, there are some crucial steps you must take. Learn more about what to do if your child sustained a birth injury.
1. Get Immediate Medical Care for Your Child
Before anything else, you must ensure your child receives the medical assistance they need. It’s not a good idea to remain with the same medical professional who caused the injury, so have your child evaluated by another doctor to get an accurate diagnosis and start any appropriate treatments.
Once you have a diagnosis, you should stick to all treatment plans as closely as you can. Any gap in care can lead to health complications, while also being problematic later on if you begin a medical malpractice claim.
2. Document Symptoms
Keep an ongoing record of everything your child is experiencing. If they have cerebral palsy, for example, it can help to record examples of the spasticity (a condition characterized by increased muscle tone, stiffness, and involuntary muscle contractions) your baby has or the seizures they may experience. This is powerful evidence that you can use later in your claim to prove what your child is going through because of negligence.
It helps to begin a diary that notes the changes in the injury from one day to the next. Write every detail down and add your own distress and worry, too, at seeing your child struggling.
3. Request All Medical Records
Get all records, beginning with every pregnancy checkup. Get all of the notes from the labor and delivery and the hours right after. Even if you don’t know what you’re looking at in all of that medical information, your birth injury attorney can use it, with help from a medical expert, to prove how the birth injury occurred.
4. Seek Evaluation From Specialists
You will need to get assistance from specialists to understand how the birth injury occurred and whether malpractice was involved. Not all harm that may arise during a child’s birth is necessarily medical malpractice, so a specialist can give you a good idea of whether the injury could have been prevented.
They can also provide guidance on the medical assistance your child will need. This is essential for the next step.
5. Learn About the Potential Long-Term Impacts of the Injury
Some birth injuries are severe enough to leave your child with disabilities. If they suffered oxygen deprivation, for example, they could have experienced brain damage that could prevent them from developing normally.
Your child might need special education, occupational therapy, and a number of other services as they grow up. They might not be able to work a regular job or may need assistive devices to help them move.
Additionally, there could be long-term effects for the rest of the family. One of the parents may need to stay home to take care of the child, meaning that you’d be losing income.
6. Speak With a Birth Injury Lawyer
It’s essential to speak with a birth injury attorney as soon as possible. They can guide you in gathering evidence and will know how to calculate the exact losses your family has sustained. Additionally, they will ensure you don’t miss the filing deadline. Ohio only gives you one year to begin a claim, so acting quickly is essential.
FAQ
How Much Is My Child’s Birth Injury Claim Worth?
Each claim is unique. Insurers and juries will look at the severity of the injury, how it will impact your child’s life, whether it’s a permanent condition, and a variety of other factors to determine what the claim is worth.
Are All Birth Injuries Permanent?
No. Some birth injuries heal over time, though this doesn’t mean you can’t file a claim for the original harm that your child suffered.
What Are the Most Common Causes of Birth Injuries?
Some of the most common causes of birth injuries include medical professionals who fail to monitor the baby’s vital signs during gestation and labor, those who don’t address maternal illnesses, and professionals who use too much force during delivery.
Will My Child’s Case Go to Court?
In most instances, it will be possible to obtain a settlement. This is a faster option. If it’s not possible to reach a fair agreement, however, your lawyer will recommend going to court.
Fight for Fair Compensation With Help From Ohio Birth Injury Lawyers
If your child suffered a birth injury because of a medical professional’s negligence, you may be entitled to file a claim. These legal actions allow you to receive economic and non-economic damages, including coverage for medical expenses, lost wages, and physical and emotional distress.
At The Moore Law Firm, our team of birth injury lawyers offers the compassionate guidance you deserve as you navigate the aftermath of medical malpractice. Contact us to schedule a free consultation with one of our attorneys.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.