The birth of a child is intended to be a momentous and happy occasion for the parents. However, sometimes all that joy and happiness can turn to utter despair if a physician fails to accurately and sufficiently respond to signals of distress by the baby or mother. Oftentimes, a failure to act will result in permanent injury to the child which can be devastating emotionally and financially. If this has happened to you, you would be well advised to consult with a birth injury attorney. He or she can review your case and determine what compensation you may be entitled to.
While no amount of money can bring back a normal, healthy child, it’s vital that parents remember the high cost of medical bills that can arise by raising a child with mental defects. For example, consider the following case where a doctor failed to perform an emergency C-section in time. As a result of this negligence, the child suffered from mild retardation, severe ADHD, and was isolated socially. A birth injury attorney in New York successfully argued that the cost of maintaining a group home will be around $4 million for the rest of his life and the final settlement for the parents wound up at $3.9 million. Settlements in these cases are often quite high because they must encompass all possible medical costs. As such, settlements above $2 million seem to be quite common and normal.
There are numerous birth injuries that can be argued to be a fault of the doctor. Most involve a lack of oxygen to the brain which can result in paralysis or a diminished mental capacity. However, it’s worth noting that lawsuits can be brought against a hospital for a wide variety of birth ailments including: bone fractures, infections, internal bleeding, and injuries due to forceps. Another common ailment that results in suits is brachial plexus. This condition arises when the doctor negligently stretches the shoulder during labor and delivery and results in damage to the nerves of the arm and hand, resulting in either complete or partial paralysis. A birth injury attorney can review the facts of your case and determine if the birth injury is one that was caused by negligence.
If you have suffered due to the negligence of the delivering doctor, it’s essential that you consult with a birth injury attorney. There are many conditions that can arise from an inability to deliver a child properly, and almost all of them require substantial medical bills. While often couples can only see the negative emotional impact of having a less than perfect child, they must also think about the future financial obligations that will arise from having a child who has decreased mental or physical capacity. Many attorneys give free consultations and are willing to work for a percentage of the overall award or settlement. This means that if your child has been a victim of this type of negligence, you owe it to yourself and the child to receive adequate compensation. That way, you’ll know they’ll be safe and secure, and that they’ll have all the proper medical resources at their disposal.