Having a baby who is injured at birth is an experience that any expectant mother dreads. These injuries might be minor, however, they can also be very serious. When the child’s future is impacted by the birth injury, the parents might opt to seek compensation. Consider these points if you have a child who suffered an injury at birth.
What is the difference between a birth injury and birth defect?
In the simplest terms, a birth defect is something that likely couldn’t have been prevented because it was caused by genetics or factors that occurred during the pregnancy. Sometimes, a birth defect is the result of taking certain medications during pregnancy. When it comes to birth defects, compensation isn’t possible for natural occurrences. It might be possible when human factors led to the defect. A birth injury is caused during the labor or delivery. If these are the fault of a medical professional, compensation is possible.
What factors are considered in a birth injury lawsuit?
Once liability for the injury is established, the financial impact of the injury is considered. This can include the medical care the child has already received, but it also includes future care costs for the child. A life care plan can help to determine what the future care costs will entail. This is a detailed plan that covers what medical and other care the child may need.
As you can probably imagine, a birth injury lawsuit takes considerable preparation since there are a number of factors to consider. It is imperative that these points are covered appropriately because once you receive compensation, you likely won’t be able to file for more compensation later.
Source: FindLaw, “Birth Injury Lawsuit Settlements Overview,” accessed March 17, 2017