5 Legal Rights Parents Have After a Birth Injury
Discovering your baby’s birth injury can be devastating. You’re likely wondering what happened and who’s accountable. These injuries often stem from medical negligence during delivery. The law offers protections and pathways to justice when this occurs. Knowing your legal rights is crucial to helping you understand how to proceed.
- The Right to Know What Happened
First and foremost, you have the legal right to understand exactly what happened during your child’s birth. That means requesting and reviewing all medical records related to your pregnancy, labor, delivery, and your baby’s postnatal care.
Hospitals and healthcare providers are legally required to provide you with these records upon request. Reviewing them with a birth injury lawyer can help uncover signs of negligence, errors in procedure, or failures to act when medical complications arose. Don’t accept vague explanations or silence from your medical team; you have every right to demand answers.
- The Right to File a Medical Malpractice Claim
If your child’s injury was caused by a medical error, you have the right to pursue a medical malpractice claim. This isn’t about revenge, it’s about holding negligent providers accountable and securing the financial support your child may need for the rest of their life. Filing a claim can cover the cost of:
- Medical bills and ongoing treatment
- Special equipment or therapy
- Lost wages if you’ve had to leave work
- Pain and suffering
- Future care for your child
A qualified birth injury lawyer can evaluate your case, determine whether malpractice occurred, and guide you through the legal process so you can focus on your child’s recovery.
- The Right to Seek Compensation for Future Needs
Some birth injuries, like cerebral palsy or brachial plexus injuries, can lead to long-term or permanent disabilities. Your child may require surgeries, physical therapy, special education services, or full-time care for life.
The law gives you the right to seek compensation that reflects not just today’s expenses, but tomorrow’s challenges too. A skilled attorney will work with financial and medical experts to estimate the full cost of care over your child’s lifetime. This compensation can provide your family with stability and ensure your child gets the support they deserve without exhausting your personal finances.
- The Right to Hold Responsible Parties Accountable
You may be surprised to learn that more than one person or entity can be held liable in a birth injury case. It’s not always just the delivering doctor. Nurses, anesthesiologists, hospital staff, and even the hospital itself could have played a role in what happened.
You have the legal right to pursue claims against all parties who contributed to your child’s injury. Identifying those parties and proving their negligence requires detailed investigation, expert testimony, and medical insight, something only an experienced birth injury lawyer can provide.
- The Right to Legal Representation
Most importantly, you have the right to an attorney who advocates for your child and your family every step of the way. The hospital and their insurance providers will have teams of lawyers defending them. You shouldn’t have to face them alone.
Hiring a birth injury lawyer levels the playing field. They’ll manage all the paperwork, negotiate settlements, prepare for trial if necessary, and fight to get you every dollar your child is entitled to. Best of all, most birth injury lawyers work on a contingency fee basis, meaning you pay nothing unless they win your case.
Endnote
You didn’t cause your child’s injury, but you do have the power to protect their future. By understanding your legal rights and acting on them, you can pursue justice, secure financial support, and help your child live the fullest life possible. If you’re unsure where to begin, start with a conversation. A dedicated birth injury lawyer can explain your options and help you take the next step with confidence.
Similar Posts:
- Birth Injury: The Support Options Available to Parents
- When is a Pregnancy Complication Considered Medical Malpractice?
- Personal Injury Lawyers: Ensuring You Get Fair Compensation for Medical Bills and Wages
- Maximizing Your Compensation: Strategies Birth Injury Lawyers Use
- Personal Injury Law – Decoding Negligence And Much More
