It's every parent's nightmare -- a birth that should have gone smoothly goes horribly wrong, and the child ends up with an injury. Even mild injuries can result in high expenses and lifelong complications. Fortunately, there is legal help that can at least alleviate some of the financial burden of a birth injury. The following can help you understand what may be available.
Immediate Medical Expenses
Even a mild injury will have immediate medical consequences, and the cost may go above and beyond the amount that your personal medical insurance covers for birth and postnatal care. If a breach of care is the cause of the injury, then the medical provider or their insurance may be responsible for covering these additional costs.
Pain and Suffering
Losing a child is hard, especially if the reason is an avoidable birth injury, and you deserve something for your pain and suffering. Even if your child survives, there will be suffering for both you and the child due to the stresses of healing and recuperation. In the event that your child and family will be dealing with an injury with lifelong consequences, you may be able to sue for the pain and suffering expected from the long-term effects of the injury on your family.
Often, dealing with the fallout from a birth injury will result in at least a short-term loss of wages for one of the parents. For those injuries that will have long-term repercussions, one family breadwinner may need to quit their job completely to stay home and care for the child for many years. You can sometimes recoup both the current lost wages as well as future lost wages from the parties that were responsible for the birth injury.
Although it is a relief to learn that your child will survive their birth injury, there will likely be ongoing rehabilitative treatments. These treatments may require surgery, physical and occupational therapy, ongoing medications, or counseling. The medical providers responsible for the injury can often be held liable for the current rehab treatments, as well as for future treatment.
In some cases, your child may need lifelong care as a result of their injury, particularly if they will never be able to live independently. In this case, it makes sense to include long-term care costs, both in your family home and eventually in a facility, as part of your case.
In order to be considered legally responsible, it must be determined that the injury was the result of a breach of care from your medical team. A birth injury lawyer can assist you in developing your case.
To learn more, contact a birth injury lawyer.