In many cultures the birthing process is seen as a scary and sacred period. Often this is related to the sanctity given to life as well as the ability to bring forth a living being through the birthing process. No doubt, the birth of a child is a joyous period for both mother and child as well as those awaiting the birth. This is why when a baby is injured during birth, the impact of such an injury can be devastating and may have a negative impact that could result in life time or long-term effects to the baby and his or her family. This article will discuss some of the aspects with regards to birth injury lawsuits.
It must be noted that around the globe there are thousands of successful births that take place every hour. However, there are instances where the birth process leaves a child permanently disabled. Often this is as a result of equipment that has been used during the process or negligence on the part of medical professionals. In the majority of cases it these medical professionals’ negligent practices that cause injury to babies. As a result of such negligent actions or failures to act these rise to the level of medical malpractice. Therefore, it is of the utmost importance to be aware of what you should do and how to try and resolve the problem. In addition, legal representation by the best attorney for personal injury handling medical malpractice may be necessary.
A common area used as a defense when it comes to birth injuries is that the injury is actually a birth defect; rather than harm caused through birth. As a result, it is important to know the difference between the two terms. While the two terms may seem similar and have the same signs and symptoms in many cases, they are in fact greatly different. The difference is mainly with regards as to how they affect the child and how they are obtained. A birth defect is when a child was genetically predisposed to a type of disability or physical state that is altered. Birth defects associated with medical malpractice lawsuits are referred to as wrongful births. On the other hand, a birth injury is when a child is harmed during the birthing process. This harm results in the child getting a disability or disorder, where the child would have otherwise been healthy.
In many cases parents to a child who has suffered a birth injury due to negligence on the part of attending medical professionals, are not aware or do not pursue any legal action. Often, not pursuing legal action is due to the pressure a legal battle adds on to the already stressful, time and money consuming work of daily caring for a child who needs on the clock care as well as extra doctor appointments to try and recover from the harm sustained. However, it is due to the time and money needed to care for this little one that necessitates a birthing lawsuit. A birth injury lawsuit when successful provides much needed compensation for the long-term care of the baby and necessary therapy for their recovery.