Birth injuries are never a pleasant experience for anyone involved. Parents are naturally excited and doctors are usually attempting to perform professionally, along with the medical delivery team. Both parents are commonly in the operating room during the delivery process in contemporary births, which is much different from traditional births from earlier decades.
And in the new millennium, filming the birth is not only common, it's expected. For many contemporary couples, this is just standard operating procedure, but it may not necessarily be appreciated by the medical facility. In fact, the recording could easily put added pressure on the delivery staff.
Every birth situation is unique in some aspect. Regardless of external situations during a birth, delivery injuries occur more often than most expectant parents realize. As explained by the a member of a prominent law firm, "Birth injuries can lead to a lifetime of complications, including developmental delays, physical and mental disabilities, and even death." Fortunately, there is a legal recourse for those affected parents.
Know What To Do First
The parents should make a serious assessment of the injury received during the birthing process, as making a decision based on emotions may not be the best initial response. The seriousness of the injury will more than likely be the most important factor. Investigating the legal aspects of a birth injury is not a good idea for the affected parents to tackle alone. Consulting with a birth injury attorney who knows where to look for possible negligence is always best.
The best initial action for the parents is to listen to the medical professionals, unless the injury is a product of gross negligence or unconventional delivery activity by the medical staff. An experienced birth injury attorney may be networked with other delivery professionals who can provide the quality care needed if obvious negligence on the part of a potential respondent is the problem.
Seek A Second Opinion
Second medical opinions can be very important in cases of birth injury because a negligence physician may attempt to deflect any potential legal claims. Of course, all doctors carry professional medical malpractice insurance, but fewer claims also means reduced insurance premiums. Even when a potential birth injury attorney does not recommend a specific doctor, the infant should be re-evaluated by a neutral medical professional, and hopefully one who may suffice as a replacement for the current medical provider. In many cases, a defendant physician will not continue caring for the injured baby, so parents should prepare for subsequent medical treatment by another physician.
Let The Lawyer Conduct The Investigation
Prosecuting a medical malpractice suit is no undertaking for emotionally distraught parents. Birth injury attorneys understand the complexity of medical malpractice lawsuits, especially those involving the total care associated with the pregnancy and the delivery. Birth injuries may be partially due to insufficient prenatal care, with the injury being the final result.
Additionally, there may be multiple respondents involved in any claim, which can enhance the maximum award available when malpractice insurance protection is compounded. Retaining an attorney who understands the totality of circumstances will ensure an in-depth investigation of what happened and what recourse is available.
Caring for an infant who has been permanently injured is a lifetime commitment that requires time from the parents along with regular professional medical attention. The stress on parents can be overwhelming. There are several aspects of filing a medical malpractice claim that the common individual does not always understand, and an experienced birth injury attorney knows where to investigate and how to calculate an appropriate settlement.
This is especially important in medical malpractice cases that will leave the parents as primary care givers in a lifetime treatment regimens. Complete focus is necessary for the parents in these situations. Letting an attorney focus on legal recourse is always the best option.
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