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Spanish Birth injuries can have devastating consequences for families, impacting the lives of both the child and parents for years to come. When medical negligence leads to tragic outcomes, seeking birth injury compensation becomes crucial for ensuring proper care and support. Compensation can help cover medical expenses, rehabilitation, and ongoing therapies, which can make a meaningful difference in the child’s quality of life and future well-being.
Despite advances in medical care like the Apgar score—developed in 1952 to quickly assess newborns for distress—about 30,000 birth injuries still occur annually. The Apgar test has significantly improved infant care by identifying newborns needing immediate medical attention. However, the journey from womb to world remains perilous for some infants. Understanding the causes and potential long-term impacts of these injuries is vital for families, as it helps them navigate their legal options and ensures they receive proper medical guidance and justice for a situation outside of their control.
Types of Birth Injuries Eligible for Compensation
Birth injuries that may be eligible for compensation encompass a range of conditions, each with potentially life-altering consequences.
- Cerebral palsy, a group of disorders affecting movement and muscle tone, often results from oxygen deprivation during birth.
- Erb’s palsy, caused by damage to the brachial plexus nerves, can lead to arm weakness or paralysis.
- Hypoxic-ischemic encephalopathy (HIE), a type of brain damage due to oxygen deprivation, can cause severe developmental issues.
- Skull fractures, spinal cord injuries, and shoulder dystocia may also be compensable injuries.
- Brain damage from various causes during birth may also qualify.
Each case requires careful evaluation to determine if medical negligence played a role. The injury’s severity and long-term impact often form the basis for compensation claims. It’s crucial to consult with experienced attorneys to assess the specific circumstances of your birth injury case.
The Importance of Legal Representation
In birth injury cases, legal representation is not just beneficial—it’s essential. The complexities of medical malpractice law, coupled with the emotional and financial stakes involved, make professional guidance vital. Experienced attorneys bring invaluable expertise to the table, helping families navigate the intricate legal landscape.
A skilled attorney will gather and analyze medical records, consult with expert witnesses, and build a compelling case. They understand the nuances of proving negligence in medical settings, which can be daunting for those unfamiliar with the field. Additionally, your attorney is your staunch advocate, negotiating with insurance companies and healthcare providers to ensure fair compensation.
Perhaps most importantly, having a knowledgeable legal team allows you to focus on caring for your child while your attorney handles legal proceedings. This support can be invaluable during an already challenging time, providing peace of mind and increasing the likelihood of a favorable outcome.
Calculating Birth Injury Compensation
Determining appropriate compensation for birth injury cases involves a complex assessment of various factors. Medical expenses form the foundation, encompassing both immediate and long-term care costs. These may include hospital bills, rehabilitation services, specialized equipment, and ongoing therapy needs. We’ll also project and factor in future medical requirements to consider your child’s potential lifelong needs.
Lost wages are another crucial component, accounting for your time away from work to care for your child. This extends to potential future earnings if the birth injury impacts your child’s ability to work. Pain and suffering, while more challenging to quantify, is a significant aspect of compensation, addressing the physical and emotional toll on both your child and family.
Additional considerations may include modifications to living spaces, special education needs, and assistive technologies.
An experienced law firm like Shaevitz & Shaevitz, with 65 years of practice in personal injury law, has the expertise to accurately assess these multifaceted damages. Our thorough approach evaluates every aspect of the injury to secure fair compensation for families.
The Legal Process
The legal process for a birth injury claim is methodical and can be lengthy. At Shaevitz & Shaevitz, it begins with a free initial consultation where your attorney evaluates the merits of your case. If viable, the next step is a thorough investigation, gathering medical records, expert opinions, and other relevant evidence. Your legal team then files a complaint, officially starting the lawsuit.
The discovery phase follows, where both sides exchange information and depose witnesses. Negotiations often occur during this time, potentially leading to a settlement if the liable party agrees to compensate you fairly. If we don’t reach an agreement, we’ll take the case to trial and fight for your rights.
Your Shaevitz & Shaevitz attorney will guide you through each step, meeting all legal requirements and striving for the best possible outcome.
Seek Justice With Shaevitz & Shaevitz
Shaevitz & Shaevitz is a formidable ally for families seeking justice in birth injury cases. With over 65 years of experience in personal injury law, our firm offers unparalleled knowledge and expertise. Our long-standing presence in the field speaks to our commitment and success in handling complex cases. Additionally, our team’s expertise in birth injury cases and medical malpractice allows us to provide specialized legal support for families dealing with the unfathomable.
Contact us today to schedule a free case consultation with our experienced birth injury lawyers and take the first step toward securing the justice you deserve.
