Bringing a child into this world should be one of the most joyful and rewarding experiences for any parent. The unfortunate reality is that birth injuries can and do happen because of medical errors or negligence. These injuries can result in lifelong consequences for both the child and their family. We will discuss why seeking damages after your child sustains a birth injury is so important and how you can go about doing so.
1. Financial Compensation
One of the most significant reasons why seeking damages is important when your child sustains a birth injury is because of the financial compensation it can provide. For the child and family, financial compensation can benefit in multiple ways:
- Medical Expenses: The financial compensation can be used to cover the cost of immediate and ongoing medical treatment for the child. This can include any surgical procedures, medications, hospital stays, or rehabilitative services needed because of the malpractice.
- Future Care: In cases where the child has suffered significant injury leading to long-term disability (such as cerebral palsy or other forms of brain damage), the compensation can help fund the necessary support and accommodations for their future. This might include home modifications, specialized equipment, long-term care facilities, therapy, and ongoing medical procedures.
- Lost Wages and Earning Capacity: If the child's future earning capacity is compromised due to the injury, this can also be factored into the compensation.
- Counseling and Support Services: Traumatic events like medical malpractice during labor can have profound psychological impacts on the family. The compensation can be used to fund psychological counseling and other support services to aid in recovery.
The cost of caring for a child with a birth injury can be substantial, often involving ongoing medical expenses and specialized care. By seeking damages, you can help offset these costs, ensuring that your child receives the best possible care and support for their needs.
2. Accountability for Medical Negligence
Holding medical professionals and institutions accountable for their negligence is another key reason to seek damages. By pursuing legal action, you can help ensure that the medical professionals involved in your child's birth take responsibility for their actions. Moreover, malpractice lawsuits, particularly high-profile cases, can raise public awareness of the issues, which can lead to broader changes in public policy or standards of care within the healthcare industry. This can help to prevent future incidents of malpractice and improve the quality of care provided to future patients.
3. Emotional Support
The emotional toll of a birth injury can be overwhelming for families. In addition to the physical and financial challenges, parents may feel overwhelmed by grief, anger, and frustration. For example, families may develop a fear or anxiety about medical treatment, hospitals, or future pregnancies. This can affect their ability to seek medical care in the future and impact their overall well-being. If the baby is injured, the family may face ongoing medical treatments, surgeries, and therapies, which can be stressful. Parents might also worry about the child’s future, such as their ability to lead a normal life, go to school, or live independently.
Further, such a traumatic event can put a strain on relationships within the family. For instance, it can cause tension between the couple, siblings, or extended family members. In these cases, the traditional roles and relationships between parent and child and husband and wife do not have room to thrive — instead, the parents end up becoming medical caregivers for the child at the cost of their parent-child relationship. If the family has other children, they may also be affected. They could feel neglected or anxious due to the increased focus on the affected child or the general stress within the family.
Pursuing legal action can provide some emotional solace, allowing parents to feel they are doing everything they can to provide for their child's future.
4. Access to Resources and Support
In addition to the financial compensation provided by legal action, families may be eligible for additional resources and support because of their child's injury. These may include therapy services, educational resources, and access to disability services. Pursuing legal action can help families access these crucial resources, ensuring that their child receives the care and support they need.
5. Securing Your Child's Future
Perhaps the most important reason to seek damages after your child sustains a birth injury is to secure their future. A birth injury can have lifelong consequences for your child, affecting their ability to go to school, work, and live independently. As a parent, you must consider what will happen to your child after you are gone. Who will take care of your child with disabilities? Will there be financial resources available for your child as they age with a disability? What safeguards can you put in place to make sure those resources are used only for the benefit of your child?
By seeking legal action, you help provide the financial stability your child needs to live a full and healthy life, regardless of their physical or mental abilities. When our team can secure financial compensation for families in your situation, we also take steps with the court to place funds in trust for your child so as to maximize and protect those benefits for as long as possible.
We Are Here to Help You and Your Family
Taking legal steps is one of the best ways to protect yourself and your child in the wake of a birth injury. However, birth injury cases are complex and require proof that a healthcare provider failed to meet the standard of care, leading to your child's injuries. Providers and institutions invest significant effort in protecting themselves during these situations, making it more difficult to seek justice.
At National Trial Law, our team of birth injury attorneys has the expertise, resources, and passion for conducting thorough evaluations and reviewing all evidence to determine the responsible party. Trust us to handle your complex, high-stakes case.
Our birth injury attorneys are ready to provide comprehensive, compassionate guidance throughout each stage of the litigation process. Call (833) 913-1885 or contact us online to get started with a free consultation.