Birth trauma is an upsetting event for you, your child, and your entire family. It can have a lasting effect on your child’s future because birth trauma can affect a child’s behavior. For example, traumatic deliveries can result in difficulty bonding and impaired emotional health, both of which can affect your child’s behavior as they grow. These effects can limit their ability to form meaningful relationships and develop self-control.
If your child’s birth was marked by trauma, you could receive financial compensation. By filing a malpractice claim, you can ensure your child gets the care and support they need. In addition, you can hold the negligent medical professional accountable for their actions while giving your child access to the tools and resources they need and deserve.
Is There a Connection Between Birth Trauma, Emotions, and Behavior?
Just as your son or daughter will have milestones that mark their physical development, they will also have emotional markers and milestones. If your child endured birth trauma, they might also experience:
- Cerebral palsy: According to the Mayo Clinic, trauma to an infant’s brain during delivery can cause cerebral palsy. Cerebral palsy can have adverse effects, including depression, learning difficulties, and behavioral issues.
- Perinatal asphyxia: The Merck Manual describes how perinatal asphyxia – decreased oxygen at birth – can result in brain damage that leads to learning disorders of varying severity.
Your child might suffer from other medical conditions resulting from birth trauma that can affect their development in many ways. If so, a birth injury lawyer with our firm can help you prove the cause of their condition, identify the at-fault healthcare provider, and lead your fight for compensation from the liable party’s insurer.
What Caused My Child’s Birth Trauma?
Birth trauma can have a variety of causes. When your child’s current and future health are at risk due to the circumstances of their birth, you have a right to know what happened and whether a healthcare provider could have prevented the trauma. Known causes of birth trauma include:
- Large birth weight
- Atypical birth presentation
- Medical errors
- Inadequate prenatal care
- Premature birth
- Prolonged labor
- Inattentiveness during delivery
When dealing with such a situation, the last thing parents concern themselves with is how to prove birth injury to build a legal case. The good news is that you do not have to identify the cause on your own or prove anything. When our team represents you, we will research the cause of your child’s condition and collect evidence and expert testimony to support our findings.
Can I Sue the Doctor or Hospital Where I Gave Birth?
To seek compensation after a traumatic birth, you must identify where to assign liability. To help you do so, a medical malpractice attorney can prove you and your child were owed a duty of reasonable care that you or they did not receive.
A lawyer from our firm can also establish the birth trauma caused your child’s injuries and will impact your family financially. Once we prove the required legal elements of your case, your attorney can handle every aspect of filing an insurance claim or lawsuit on your behalf.
We’ll also ensure compliance with the statute of limitations (two years for medical malpractice per Florida Statutes § 95.11(4)(b)) to protect your right to sue in court. However, we’ll endeavor to resolve your case with a monetary settlement. We also handle communication and negotiations on your behalf. We will respond to all your questions and concerns, provide you with regular updates, and go the extra mile to build a compelling case for you.
What Financial Damages Can I Request?
When your son or daughter suffers a birth trauma, the resulting injury can have a long-term effect on their health and well-being. Anticipating and evaluating the costs of the future care your child will require can be complicated. Our case assessment team will work with your child’s medical team to understand their prognosis. Damages we might request for you include:
- Current and future medical care to support your child’s recovery, including physical and occupational therapy
- Behavioral therapy, including specialized education and ongoing support to help your child manage their behavior
- Pain and suffering, both physical and emotional, that you and your child have endured
- Loss of income if caring for your child will prevent you from returning to work
All parents facing such ordeal ask are birth injuries permanent. The answer is more complex than yes, or no. Some birth injuries – like cerebral palsy – have permanent effects, requiring special care throughout the injured child’s lifetime. Other birth injuries heal in time – fully or partially, depending on the treatment and care programs the injured children receive. In other words, compensation can also help cover the costs of specialized programs and services your child may require for optimal recovery on the long term. We assess your damages and ensure your request does not undervalue your losses.
Get a No-Cost Review of Your Birth Trauma Case
If birth trauma affects your child’s behavior, we can help you understand and explore your compensation options. Find out how hard we fight for you and your child by reviewing your birth trauma case with one of our team members at the Law Offices of Anidjar & Levine. Call 1-800-747-3733 for a free case review today.
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