According to Johns Hopkins Medicine data, the risks of newborn brain ischemia include injury to the vessels that supply blood to the brain. If your child has this condition, they may face:
- Seizure disorders
- Emotional challenges
- Difficulty balancing and walking
- Vision and speech disturbances
- Cognitive and learning challenges
Similarly, Merck Manual data cites head injury as the single most commonly reported type of birth injury. This includes a decrease or interruption of the blood supply to the brain in an otherwise healthy newborn.
Merck Manual research also reports that in some instances, birth injuries that result in a brain injury or brain damage might take place as part of otherwise normal labor and delivery. If the birth of your baby was marred by an unexpected injury, you may have the right to seek financial compensation from the at-fault health care professional involved in your newborn’s delivery.
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Determining Who Is Liable for Your Newborn’s Birth Injury
During labor and delivery, you might be treated by a team of medical professionals, including doctors, nurses, technicians, and assistants. On your own, it may not be easy to determine the right party to pursue for financial compensation.
A birth injury lawyer could help you establish the four legally required elements of your medical malpractice lawsuit by proving the at-fault party:
- Owed you and your baby a recognized standard of care
- Neglected to provide you and your baby with the required standard of care
- Made a medical error that caused your baby’s injury
- Caused you and your baby to suffer economic and non-economic financial damages as a result of the injury
By establishing these facts, your lawyer may help identify the appropriate at-fault party and start building a strong case for financial compensation. To do so, they may request documentation and medical evidence.
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A Written Prognosis Is Crucial to Your Case
After learning that your child has suffered a birth injury that may lead to possible brain and brain cell damage, you may have questions about what their future holds. You may want to know the risks they face in the future and what, if any, cognitive or developmental delays they may face.
Your child’s health care team may develop a customized treatment plan and discuss a probable prognosis for their future. Compile as much data and information as possible about your child’s prognosis because filing a medical malpractice lawsuit might entitle you to compensation for their current and future medical needs.
A written prognosis with expectations of their future needs, along with their medical, therapy, and rehabilitation records and bills, may tell your legal team important information that allows them to establish the value of your potential lawsuit.
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Let a Birth Injury Lawyer Assign a Value to Your Lawsuit
A birth injury lawyer may help you accurately value your potential compensation package by calculating your financial expenses and losses. In addition to current and future medical expenses, you may also be entitled to compensation for the pain and suffering your child may experience from upcoming medical procedures.
You, too, may be entitled to compensation for your pain and suffering, including for your mental and emotional anxiety. In addition, you might be able to recover income lost while you care for your child’s birth injury-related needs. Your lawyer may help you accurately value your recoverable damages.
Additional Benefits of Working with a Lawyer
Trusting a birth injury lawyer with your compensation lawsuit may allow you to focus on your baby’s recovery while your attorney focuses on your financial recovery. In addition, a lawyer can familiarize you with medical malpractice laws and legal principles. Your legal team may also:
- Handle all essential paperwork
- Ensure your lawsuit is filed with the court on time
- Negotiate with insurers and other parties on your behalf
- Consult experts and specialists for a professional opinion on your case
- Conduct interviews and depositions
A birth injury lawyer could help you explore your options for financial recovery and ensure you receive the compensation that enables you to provide the best medical care for your child.
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Get Help Today from a Birth Injury Attorney
Labor and delivery are complex medical situations. If yours was negatively impacted by a birth injury to your infant, we can help. If you are facing a sudden onset of medical bills and related expenses due to your newborn’s recent diagnosis, contact us at (800) 222-9529 for a free case review today.
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