Barnorama All Fun In The Barn
Approximately 30,000 babies sustain birth injuries each year in America. Those include bruising, birth asphyxia, cephalohematoma, collarbone fractures, nerve injuries, cerebral palsy, and subdural hemorrhages among others. Some infants fully recover from those injuries whereas others suffer lifelong repercussions. Regardless of the severity of the birth injury or its effects, families that face them have certain legal rights. Understanding those rights can help you ensure your baby receives the care, compensation, and justice he or she deserves.
Pursuing Legal Action
For one, victims of birth injuries have the right to pursue legal action against those who are responsible. When these injuries occur due to negligence and medical errors, families can seek legal counsel. They can also take the matter as far as necessary to ensure the culprits are held accountable and their child’s needs as well as their own are met both immediately and moving forward. If you’re a victim of malpractice, assistance from Romanucci Blandin Law can help make that happen. Proving who is at fault for your baby’s injuries and taking further action against them isn’t easy on your own, but having an attorney on your side can greatly improve your chance of success.
Compensation
If your baby’s injuries are proven to be the result of malpractice, you have the right to receive compensation. How much compensation your family is entitled to will depend on the extent of your child’s injuries and their repercussions. Different types of compensation may come into play. You may pursue compensation for your child’s current and future medical expenses, including doctor visits, specialized care, medications, and surgeries needed because of the injuries.
You may also receive compensation for any type of rehabilitative care your child may need, including physical, occupational, speech, and cognitive therapies. Additionally, you may receive coverage for in-home care, transportation, assistive devices, and any modifications you need to make to your home to accommodate your child’s needs. You may be able to request compensation for pain and suffering as well. That includes any physical and emotional pain your child may suffer as well as the emotional toll on your family. If your baby lost his or her life due to negligence, you can sue for wrongful death and other damages.
Medical Records
Furthermore, families facing birth injuries have the right to obtain all medical records pertaining to prenatal care, the mother and baby’s treatment during labor, and the birth itself. They also have the right to obtain records that are relevant to the baby’s treatments after birth and how the injuries were handled. Physicians and medical facilities can’t legally alter or withhold patients’ records in an effort to protect themselves. Medical professionals who were involved in your care and responsible for your child’s injuries can’t deny you or your attorney access to pertinent medical records.
Ensuring Your Rights Are Upheld
Those are a few of the rights victims of birth injuries have on their side. You also have the right to seek a second opinion about your child’s injuries and medical needs and the right to keep your child’s medical information confidential in certain situations. At the same time, your child has the right to receive any medical care and educational services he or she needs, and you have a right to be fully informed of your options. If your child sustained injuries before, during, or immediately after birth, speak with an attorney to pursue the case and ensure all your rights and those of your child are upheld.