Watching a newborn suffer through injuries from birth is heartbreaking, especially if those injuries are due to medical negligence. If a birth injury is the result of negligence, carelessness, or intentional actions on the part of a doctor or nurse, you may be due compensation.
Seeking this compensation requires skilled legal assistance and representation. Doctors are often backed by insurance companies with plenty of resources at their disposal, so you need to be sure you have an attorney with the knowledge and experience necessary to contend with these entities. Hart & David provides that experience.Medical Negligence
Birth injuries and trauma are sometimes the result of negligence on the part of a doctor, nurse, technician, or other member of a medical practice. For a birth injury to be considered the result of negligence, the following criteria must be met:
- The party at fault had a duty to provide care to you (or your baby)
- They violated an pertinent standard of care
- That violation resulted in injury
Demonstrating negligence naturally requires a working knowledge of medical standards as well as legal know-how. Proving beyond reasonable doubt that a birth injury was due to negligence is a complex process, and you will need an attorney to ensure that the compensation you deserve is successfully obtained. Hart & David helps you by carefully assessing each case and making thorough plans to aggressively negotiate your claim, either with the insurance company directly or in trial.Types of Injuries
Negligence can result in a variety of birth injuries that will affect your baby for the rest of his or her life. The more serious of these injuries include:
- Cerebral palsy
- Brain damage
- Perinatal hypoxia and asphyxia
- Fetal distress
- Bone fractures
- Shoulder dystocia
- Brachial plexus injuries
- Spinal cord injuries
These lead to pain, suffering, and medical expenses, both short term and long term. Other long term impacts include loss of earning ability for your child later on and a lost chance to live a normal life. Just as difficult as the physical suffering involved in birth injuries is the emotional suffering you and your child will experience. Our attorneys can help ease your burdens by seeking damages for birth injuries.Seeking Damages
Hart & David can assist you through the process of filing a claim and obtaining monetary compensation for a birth injury. This can cover a variety of damages, including:
- Pain and suffering
- Medical expenses, both past and future
- Loss of future earnings
- Loss of normal life
A birth injury can have a dramatic effect on both the child and the parents, not all of which can be fixed with monetary compensation. However, seeking compensation can help ease the burden and get you and your child back on track to a better future.
A case may go to court, but it can also be resolved without a trial. This requires skilled negotiation on the part of your attorney as well as an expertly planned case. Our attorneys are highly skilled at assessing a claim and formulating thorough plans that will secure the compensation you deserve. To learn more, contact our attorneys at Hart & David today.