15th Dec 2014
Giving birth to a healthy child is the joy of all parents. This however may not always be the case when doctors and other medical practitioners do not take the initiative to do the very best they can. At times, birth injuries occur resulting in the birth of children who are not healthy. Whenever such a case occurs, it is important for parents to seek the services of a professional birth injures attorney as soon as possible to ensure that the legal rights of both the parent and the baby are catered for.
It is of importance to differentiate between birth defects and birth injuries because the former may not yield any substantial claim. A birth defect is harm caused upon the baby by something that might have happened to the mother prior to or during pregnancy such as use of illegal drugs, heredity or environmental factors. On the other hand, a birth injury many at times happens to the baby during delivery due to either the use of a technique or equipment by the medical practitioner attending during birth. Use of prescription drugs provided by pharmacists or physicians that cause harm to the baby during pregnancy can also cause birth injury. The best way to be sure of what the differences are and what whether your case is viable or not is to visit the Law Offices of Payas, Payas, and Payas, LLP and set up a consultation with one of our qualified birth injury attorney.
In order to prove your case, you will have to show and prove beyond doubt that a medical provider and/or pharmaceutical company failed to provide you with adequate medical care and advice during pregnancy and/or child birth. Payas attorneys will do this by bringing in a witness whose area of expertise is the same as the defendant’s and whose role is to explain the standard practices that must be done to ensure safe and injury-free births. A detailed explanation on how deviation from these standard practices resulted in the injury in question is also paramount.
Who is sued for birth injury? There are several caregivers all of whom play a major role in pregnancy and delivery including obstetricians, nurses, doctors, pharmacists and many more care giving experts. Any wrong action from any of these results in birth injuries and when identified they need to pay for it. Any individual medical practitioner can be sued or a medical facility (in case of misgivings in standard care) or even a pharmaceutical facility (in case of harm by prescription medicine) so long as there is a direct link between them and a birth injury. In order to determine the best individual to sue, Payas lawyers will be there to help.
Before filing any lawsuits, it is important to understand what damages are viable as a result of a successful lawsuit. When the child is proved to have suffered from avoidable injury/injuries, the damages go to the child mainly in the form of a trust fund. There are however many more categories of damages available all of which differ in amount of compensation given including pain and suffering, medical expenses and loss of future earning capacity compensations.
Whatever your birth injury claims may be, a visit to the Law Offices of Payas, Payas, and Payas, LLP will help you move forward and get justice for you and your baby by using legal knowledge combined with the vast experience of Payas attorneys.