A birth injury is a physical or emotional harm inflicted on a newborn or mother during the birthing process. These injuries can result from medical malpractice, improper care, or equipment malfunctions. Documenting a birth injury is crucial for building a strong personal injury claim and seeking compensation for the harm caused.
When birth injuries occur, it’s essential to gather and preserve all relevant information to support a potential claim. This includes medical records, test results, and any other documentation related to the birth. The more comprehensive the documentation, the stronger the claim is likely to be.
(Understanding Birth Injuries: Causes, Symptoms and Effects)
Types of Birth Injuries and Common Causes
Birth injuries can take many forms, including physical injuries, emotional trauma, and developmental delays. Some common types of birth injuries include cerebral palsy, Erb’s palsy, and brachial plexus injuries. These injuries can result from a range of causes, such as:
- Medical negligence or malpractice
- Improper use of medical equipment
- Failure to monitor fetal distress
- Delayed or improper delivery
The Role of Medical Records in Documenting Birth Injuries
Medical records play a vital role in documenting birth injuries. They provide a detailed account of the events leading up to and during the birth, as well as the care provided afterward. These records can include doctor’s notes, test results, medication lists, and nursing notes. Accurate and thorough medical records can help establish the extent of the injury and support a claim for compensation.
Documenting the Extent of the Injury
In addition to medical records, it’s essential to document the extent of the injury. This can include photographs of any visible injuries or symptoms, as well as a detailed account of the child’s condition. Keeping a journal or log of the child’s symptoms and progress can also be helpful in tracking the injury’s impact over time.
Establishing Causation and Damages
To build a strong personal injury claim, it’s necessary to establish causation and damages. This means demonstrating a direct link between the medical negligence and the birth injury, as well as calculating the total damages incurred. Damages can include medical expenses, lost wages, and pain and suffering. A skilled personal injury lawyer can help navigate the complex process of calculating damages and establishing causation.
Calculating Damages
When calculating damages, several factors are taken into account. These can include:
- Medical expenses, including hospital stays, surgeries, and rehabilitation
- Lost wages or earning capacity due to the birth injury
- Pain and suffering, including physical and emotional distress
- Other related expenses, such as home care or therapy
Working with a Personal Injury Lawyer
A personal injury lawyer can provide invaluable assistance in building a birth injury claim. They can help gather and analyze medical records, consult with medical experts, and negotiate with insurance companies. When selecting a personal injury lawyer, it’s essential to choose one with experience handling birth injury cases.
Seeking Compensation for Birth Injuries
Compensation for birth injuries can help cover the costs of medical care, therapy, and other related expenses. A personal injury claim can provide financial support for families affected by birth injuries, allowing them to focus on their child’s care and well-being. The amount of compensation awarded will depend on the specific circumstances of the case, including the severity of the injury and the extent of the damages incurred.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.