During pregnancy women pursue everything necessary to ensure the health, wellness, and proper development of their unborn babies. Medical complications can and sometimes do occur, even when a woman is otherwise healthy and considered at low risk for complications.
If you have never before experienced the devastating aspects associated with caring for a child with birth injuries, it’s not uncommon that you will have listened to, and often believed, statements from your doctors concerning the cause of your child’s condition. These myths are sometimes shamelessly intended to prevent people from taking legal measures necessary to support the needs of a child with special needs. At Stern Law, PLLC, we consider it our job to expose the many myths that have long been associated with pursuing birth injury cases. Please call (800)462-5772 for a free consultation today.
Birth injury myths and the reality
Below are a few common birth injury myths, and the reality you should be aware of if you believe your baby may have been harmed during pregnancy, labor and/or delivery by an avoidable medical mistake:
Myth No. 1: My baby was just born this way.
One of the most challenging aspects of birth injury litigation is to recognize that there are many forms of birth injuries, which can arise from many different causes and can occur at various times. For instance, some birth injuries arise during the labor or delivery process, while others occur in the womb during pregnancy.
As a result, it’s important for parents to speak with an experienced birth injury attorney to help them get to the bottom of what really happened to their child, and why. Many times, clients who meet with us for the first time say that they didn’t think that medical errors were to blame, since their child’s condition may be associated with a genetic abnormality. This may or may not be the cause of a child’s injury, and it’s also possible the child’s condition may be the combined result of a both injury and a congenital abnormality.
Your child may still be entitled to compensation. At Stern Law, PLLC, we know the law and understand the medical aspects of birth injuries. This focused knowledge may be critical for you and your child.
Myth No. 2: Even if my child was injured due to medical negligence, it is too late for me to file my claim
While there are certainly some claims that are barred by the statutorily imposed time limit known as the statute of limitations, many others are still viable. The law is different in every state, and you should seek out experienced counsel as soon as possible to avoid loss of the claim.
While some parents can immediately identify something that went wrong resulting in their child’s birth injuries, others do not realize it until much later on. Perhaps they look back at the day of their child’s birth and begin “putting two and two together,” resulting in their suspicions that medical negligence may have been a contributing factor in their child’s case.
Regardless of the circumstances, it’s important to quickly speak with an experienced birth injury lawyer who can help you determine whether your case has been time barred or whether there is still time left to bring a lawsuit.
Myth No. 3: It doesn’t seem like there was anything my doctor could have done differently.
Not every birth injury is caused by negligence, but it’s equally important not to discount the possibility that negligence may be the cause. It’s recommended that you contact an experienced birth injury attorney who can help you determine, where possible and with the assistance of leading medical experts, the cause of your child’s injuries. When something unexpected occurs, you should not conclude on your own that nothing could have been done differently, especially based upon what a doctor may be telling you.
Think about it this way – you sought out medical advice during your pregnancy because you didn’t know what to do to ensure that everything would go as you had hoped. Likewise, now it’s time to get another opinion but this time a legal opinion. A Medical Legal Review from Stern Law, PLLC could result in much-needed compensation and Lifetime Benefits that can help in caring for your child with special needs.
Myth No. 4: The damage is done, and there’s nothing anyone can do now to make my situation better. So let’s just move on.
Parents who forego the opportunity to pursue their child’s rights through the legal system could potentially lose the ability to gain the financial resources and Lifetime Benefits which can pay for, among other things, their child’s past and future medical costs. A birth injury can leave some parents in serious financial straits. Finances are one just one reason you should consider all of your legal options if you believe or suspect that your child sustained birth injuries due to medical negligence.
While it may be emotionally difficult to have to remember your child’s birth and the injuries that he or she sustained, it may be worth the effort if you are thereby able to obtain the financial and other benefits available to help your child achieve his or her fullest potential.
Myth No. 5: My doctor told me that he did not cause my child’s injuries. I should just believe him because he has many years of experience.
Absolutely not. Don’t believe a doctor simply because he or she refuses to accept responsibility or worse a doctor who shamelessly blames you for whatever may have happened to your child. Even if a doctor has been practicing for more than five decades or has received highly specialized training in his or her field, it doesn’t matter. Any doctor can make a mistake at any time.
Nothing should stop any parent from thoroughly exploring their legal options with an experienced birth injury attorney. Every parent of a birth-injured child deserves to know, if possible, what went wrong and why. The treating physician may, or may not, be the most reliable resource for this important information. They have much at risk, and whether to protect their insurance or their reputation, a physician may blame you or other circumstances for what may actually be their own error.
While this process can understandably be difficult, it may lead to your child receiving a lifetime of financial and other benefits that can support his or her needs and help in achieving the fullest potential, even after a parent is gone.
Myth No. 6: Even if my child was injured due to medical negligence, it’s probably impossible to prove.
Birth injury cases can sometimes be challenging to prove. An experienced birth injury attorney, however, has access to medical databases for information and numerous birth injury medical experts who are more than capable of providing the testimony to support a child’s case. These experts often play a vital role in birth injury litigation matters.
Likewise, defense attorneys who represent doctors and hospitals are often adept, experienced and fully prepared to launch an attack and ultimately discredit your case. But if you are armed with a team of medical experts as well as a highly skilled birth injury lawyer, you can maximize your chances of obtaining compensation to support your special child.
If you suspect that your child sustained birth injuries due to medical negligence, it’s crucial to consider the full range and scope of your legal rights, responsibilities, and options. With more than 30 years of birth injury litigation experience, Stern Law, PLLC knows first-hand how difficult it is to care for a child who has been harmed at the hands of negligent doctors and other medical professionals. For a free case evaluation, please contact us online or call (800) 462-5772.