My baby was injured, how will I be compensated?
In a birth injury lawsuit, compensation may be paid for the damages sustained by your baby. Often, however, in the case of a settlement or verdict, not all the financial compensation goes to your family and your child.
Some of the settlement or verdict payout is distributed to the insurance companies and attorneys involved in the lawsuit. Frequently, the payments are distributed over time in a structured settlement.
The purpose is to ensure that there would be a constant reserve of money for your child.
This safeguards the financial future of your child, especially if the birth injury affects your child’s health and bodily function, or if your child requires long-term care.
Consequences of Birth Injury
Cerebral palsy
This refers to a group of conditions that affect muscle tone, posture and movement. It is caused by damage to the immature brain as it develops.
Intracranial hemorrhage
An intracranial hemorrhage/bleed can be caused by birth trauma. This could have serious consequences, such as permanent brain injury or cerebral palsy.
Erb’s palsy
Brachial plexus injury (Erb’s palsy) can be caused by stretching, traction or compression, resulting in weakness/paralysis of the arm.
Delay in C-section
Sometimes, an emergency Caesarean section could be required during the birth process. A delay in the procedure could result in brain injury, cerebral palsy and other birth injuries.
What is the legal process like?
The legal process in a birth injury case can be physically and emotionally exhausting. Nevertheless, if your child was injured during the birth or labor process, the birth injury settlement could help reduce the financial stress arising from any long-term complications, such as cerebral palsy.This compensation could help with medical expenses and various other care requirements for your child.
First, if you believe that your baby suffered from a medical error, you should speak to an attorney as soon as possible. The lawyer would be able to assist in determining if there is a potential medical malpractice case against the healthcare provider.
Next, your medical records would need to be reviewed. This helps all parties have a better understanding of the incidents leading to the birth injury. If the healthcare provider is found to be negligent, your attorney may be able to demand financial compensation on your behalf. In some instances, this process cannot be resolved by settlement, and the case may be taken to trial.
Finally, if the birth injury lawsuit reaches a jury verdict or settlement, the reward money for your family is often handled by an independent party. It may take a significant amount of time for the payment to be finalized and processed.
Finding an experienced attorney who is familiar with cases involving birth injuries is important towards assisting you with all the necessary steps throughout the entire legal process. If you need help finding a lawyer fill up the form below and we will reach out to you.
