Birth Injury FAQ: Questions You Might Have Regarding Your Case

Birth Injury FAQ: Questions You Might Have Regarding Your Case

Your child means everything to you, which is why you, as a parent, want to protect them at all costs. If you are the parent of a child who has been injured at birth and you believe that it took place due to the negligence of another party, you might be eligible for compensation on behalf of your losses. Children are hurt every year due to this specific type of medical malpractice, and you no longer have to stand alone.

When it comes to a child’s birth injuries, you want to ensure that you are gaining the legal help you deserve instead of dealing with big-name attorneys hired by a hospital or insurance company, entities who do not want to be fair with you. Luckily, navigating a medical malpractice claim does not have to be difficult with our attorneys at Brady, Brady & Reilly, who wish to lessen your stress so that you have time to focus on other aspects.

Birth Injury FAQ

What is medical malpractice? To bring a claim on behalf of your child, you first have to show that medical malpractice took place. Medical malpractice occurs when a hospital, doctor, or other healthcare professional acts in a reckless or negligent manner and causes injuries to a patient. Many people automatically assume that this only applies to adults, but children can be injured as well as a mother is giving birth or afterward. To be successful in a claim, you must be able to show many aspects including that there was a violation of a standard duty of care, your child’s injuries were caused by this negligence, and that the injuries resulted in significant damages. Every year, many children receive birth injuries that follow them through life and hold them back in many ways. As a parent, you might see the need for a claim against a reckless party.

Should I seek legal action for my child after they have been injured at birth? Many people fear what will happen if they bring a claim against a knowledgeable attorney. They don’t want to make things uncomfortable or have their claim come to light in the public eye, which is why they choose to ignore the fact that they might be eligible for a claim. The truth is, approximately seven out of every 1,000 children born in the U.S. will receive a birth injury that could have been prevented and, if this happened to you, you should never just “let it go.” You will be paying for these injuries financially for many years to come, as well as facing a variety of emotions that you might not be able to handle on your own. This is why it is important to seek justice on behalf of your child who was injured. 

What are some of the common situations that lead to birth injuries? There are many types of negligent acts that lead to birth injuries in children. You might be eligible to bring a lawsuit for one of many reasons, including a doctor failing to adequately assess a condition in a child or complications that have come up, failing to give a woman proper prenatal care, or giving a woman a prescription drug during pregnancy that can lead to harm in the child. 

Will I always be successful with a birth injury lawsuit? You know that your child has been harmed at the hands of a negligent party and so you think that, automatically, you will be successful when it comes to your claim. However, this is not always the case. Unfortunately, these cases are extremely complex and many factors will come into play as a result. Some birth injuries are also unavoidable, which means that your doctor might have done all that they could do and your child was still affected. You must be able to show that a doctor acted negligently and did not abide by the duty of care when your child was harmed.

Birth Injury FAQ: Questions You Might Have Regarding Your CaseHow will the judge or jury determine if the doctor acted within their standard duty of care? The jury or judge will look at several aspects to consider whether or not the medical professional abided by the standard duty of care. Some of these aspects include testimony by experts and evidence of bills that stemmed from your child’s care.

Who receives the money stemming from a birth injury case? If your child has survived the accident, then the damages that are awarded in these cases will go to your child. This typically takes place in the form of a truck. However, parents might also be eligible for certain factors, like emotional distress, depending on the circumstances surrounding the case. 

How long will the trial take? You might be surprised to find that going to trial instead of settlement is not always easy and can be extremely time-consuming, but might be your only option. Some trials have been known to take months or years; meanwhile, the finances continue to pile up against you. Having proper documentation and a skilled attorney on your side who knows the tricks of the trade can certainly help move your claim along.

Turning to the Help of a New Jersey Medical Malpractice Attorney 

Many birth injuries take place across New Jersey every year, with negligent healthcare providers at the center of it all. Being injured in one of these preventable accidents might be the scariest thing that you’ll face, especially when harm is caused to your own child. Our medical malpractice attorneys have handled a wide variety of cases for New Jersey residents and continue to extend our support to those who wish to bring a personal injury claim. At Brady, Brady & Reilly, we plan to assist you every step of the way as you navigate the legal system toward results. Please contact us today for the help you deserve at (201) 997-0030.