Hammond Birth Injury Lawyer
Having a child is an event most parents eagerly anticipate. When complications during birth harm the baby, the parents’ grief can be immense, and this kind of tragedy is even more devastating when it results from medical error.
The first step for parents who have experienced this situation should be to consult a Hammond birth injury lawyer. The law requires parents to file a medical malpractice lawsuit within one year of the child’s birth, and there are multiple steps to accomplish before a claimant can effectively do so. A malpractice suit could provide parents of severely injured children with funds to ensure the child receives the care they need, so it is important to begin the legal process as soon as possible.
Negligent Care Could Lead to Birth Trauma
The medical professionals who attend a mother during pregnancy, labor, and delivery must meet a certain standard of care for the wellbeing of the mother and her child. A failure to meet that standard could result in the child suffering injuries with permanent consequences. Common conditions that result from birth trauma include cerebral palsy, Erb’s palsy, and traumatic brain injury (TBI).
Inadequate prenatal care could increase the chance that a certain mother might have difficult deliveries or lead to a congenital disability going undetected. If a medical professional believes that faulty prenatal care contributed to an injury to the child during gestation or birth, a birth injury suit could be warranted.
Healthcare personnel must closely monitor a mother during labor and delivery to look for signs of fetal distress. The absence of diligent monitoring could lead to a delay in performing a Cesarean section (C-section). It also could result in a mother giving birth vaginally when a C-section was a safer option for her and the baby. In such a situation, the healthcare providers attending the mother might not have met the standard of care, which provides grounds for a lawsuit.
Not every medical issue that arises at birth is due to negligence. However, better care could prevent many such conditions. A birth injury attorney in Hammond could review the medical records and other available evidence and, if it appears that medical personnel did not meet the standard of care during gestation or at the time of labor and delivery, the parents could bring an action seeking damages.
Successful Action Could Ensure Care for Severely Injured Children
Conditions like cerebral palsy or a TBI could lead to severe developmental issues and medical complications that might prevent a child from eventually working or living independently as an adult. Significant medical intervention and support might be necessary for the rest of the child’s life. Children with lesser injuries still might require ongoing medical care to manage their condition.
A need for a child to receive ongoing medical treatment could wreak havoc on a family’s finances and prevent the parents from obtaining any measure of financial security. Although Louisiana Revised Statutes § 40:1231.2 limits the damages a plaintiff could receive in medical malpractice cases to $500,000, funds for continuing and future medical care are not subject to the cap.
If the parents win a medical malpractice lawsuit, the Louisiana Patient Compensation Fund could pay for ongoing medical treatment required for any condition arising out of a birth injury. With the help of a skilled Hammond birth injury attorney, parents could find the peace of mind that comes with knowing that their child’s future medical needs will be met.
Trust Your Birth Trauma Claim to a Compassionate Hammond Attorney
It may be difficult to focus on financial issues when you are grieving an injury to a newborn. However, one of the most loving things you can do as a parent is to take steps to ensure that your child will always have the care they need. The law does not offer parents much time to consider their options, and if they do not file a lawsuit within one year of the birth, the parents and the child lose their right to pursue justice in the courts forever.
A Hammond birth injury lawyer is sensitive to your emotional needs at this time but recognizes the necessity to preserve your rights. Make a plan to secure your baby’s future by scheduling a case consultation right away. Our team is here for you.