When the parent is injured while giving birth, they’ve sustained a birth injury. Infants can also receive birth injuries during their birth.
Severe birth injuries can cause permanent disabilities and mental health issues. If medical negligence caused or contributed to the birth injury, you can opt to pursue legal action to receive compensation. It may be necessary to file a lawsuit to protect your rights and cover the costs associated with your birth injury. Following these steps will ensure you’re prepared for your birth injury case.
Pursue Medical Treatment
You or your infant may need to have a medical examination and begin treatment to verify you qualify for a birth injury case. Complete all the medical tests your doctor recommends and pursue a comprehensive diagnosis. Familiarize yourself with all of the injury’s implications and any potential risks stemming from the birth injury.
For example, infants who experience head trauma during birth may have a higher risk of developing a brain tumor. The medical records related to the birth injury will be a crucial component in your birth injury case. You should have medical records to verify your claims about the severity of the birth injury and its impact on your life.
Hire a Lawyer
Personal injury lawyers are lawyers who specialize in handling cases for clients who’ve sustained an injury. Google “birth injury attorneys in Chicago” to locate a personal injury attorney with experience handling birth injury cases. Lawyers who have relevant experience know what kind of information they need to build a case.
They’re also familiar with the laws and legal precedents that can impact your case. You can receive a free consultation before you hire a lawyer. Once you have hired an attorney, your attorney will advise you about any actions you must take to build your case.
Gather Financial Records
Save receipts from all expenses you incur as a result of the birth injury. These expenses can include costs for personal care, transportation, prescriptions, medical tests, and treatments.
Personal costs can vary widely. For example, if you’re bedridden following your birth injury, you may have difficulty losing all of the weight you gained during your pregnancy. You may need to buy new clothes, such as a DD bra, leggings, tunics, tops, and pajamas. If you had a C-section, you’d want loose clothing that doesn’t put pressure on your abdomen.
You may need to hire a personal care aide to cook, clean, and complete other household tasks you’re unable to perform. You may also need a nanny to help with your infant.
The psychological impact of negative stigmas shouldn’t be ignored when preparing your birth injury case. Many people do not understand that birth injuries are traumatic and can cause both short- and long-term mental health issues for birth injury victims.
You may develop post-traumatic stress disorder (PTSD) and suffer from a range of symptoms, including nightmares, nausea, pain, insomnia, anxiety, and flashbacks. You may also struggle with depression and feel like a failure if you’re unable to care for yourself and your family following your birth injury.
Seek counseling from a licensed therapist who can assess your mental health. A therapist may help you develop strategies to cope with your symptoms, which can help improve your quality of life. Your mental health treatment may also be relevant to your court case because your therapist can verify the severity of the mental health issues you developed following your birth injury.
You may also benefit from joining a support group for others who’ve been affected by a birth injury.
Gather Relevant Data
Your lawyer will seek out additional information required to prepare your case. This information could include the names of witnesses present when the birth injury occurred and the names of medical staff who treated you before, during, and after your birth injury. You can also let your lawyer know if you learn of any experts who have relevant information.
For example, if you join a support group and talk to others who’ve received birth injuries, you may learn that there was a better treatment option you weren’t offered. Your lawyer may be able to use this kind of information to strengthen your case.
Birth injury cases are lawsuits filed after a parent or infant has suffered a birth injury. Hire an attorney with experience handling birth injury cases to ensure you’re ready for court. Your medical records, expense reports, and mental health treatment can all be used to build your case.