If your baby has been injured during the birthing process, it is important for you to protect your rights. On top of struggling with unbearable emotional pain, you may also be experiencing a great deal of stress. Whether the injury occurred during, after or prior to the delivery of your child, it is imperative for you to take action promptly to hold those responsible for the injury, accountable for their actions.
First, you should gather every piece of medical evidence that you can find to support your claim. This can be accomplished by meeting with medical experts who can examine your child and confirm that the injury is due to medical error, according to Findlaw. Once that is established, the experts can then determine what action, or lack of action caused the injury. For example, an expert may find that the injury was due to the misuse of a surgical tool or from the failure to detect that the baby was wrapped in the umbilical cord within a timely manner.
Second, you will need to gather information that shows the extent of the injury on your child and how that injury will affect the child's life. A child who suffers severe brain damage from lack of oxygen will probably require constant nursing care throughout his or her entire life. Another child may be unable to walk due to a nerve that was permanently damaged.
Third, you should put together an estimate of the financial impact caused by the doctor's or medical staff's negligence. This can help ensure that you ask for the right amount of compensation to cover the care and any special medical procedures your child may require.
While these suggestions should not be taken as legal advice, documenting the circumstances of your child's birth injury can increase your chances of winning your claim. Seeking appropriate compensation for the pain and suffering caused by a medical staff's actions cannot undo the physical damage to your child but it can help ease the financial impact and ensure that your child will have what he or she needs.