Dealing with the tragic event of a birth injury to your child is one of the most difficult things for a parent to experience. You feel grief for your child’s loss of certain physical or mental abilities. You feel bitterness over the expectations that you had for what your child might be able to do and experience in their life. You feel fear of what the future might bring for your child and your family.
On top of all these emotions, you feel confused. You prepared for parenthood under very different circumstances than the ones confronting you now. What are you supposed to do? What rights do you have? Above all, what is in your child’s best interest?
Two Ways of Thinking About Birth Injury Claims
In the days and weeks following birth injury to your child, as you begin to process the event, you might find the question of filing a birth injury claim coming to your mind.
For some parents, this thought is very uncomfortable.
Many parents second-guess this feeling out of a desire to accept their child unconditionally. They want to avoid stigmatizing the long-term symptoms of their birth injury; to them, filing a birth injury claim feels tantamount to treating their child like a legal problem.
Other parents feel a sense of helpless rage at the thought of filing a birth injury claim. While they feel justified anger toward the doctors and hospitals who caused their child to be a victim, what really makes them angry is the thought of all the time and money required to fight for legal redress. The system has already taken so much from them—why give them any more by initiating a lawsuit that they may not be able to win?
The Third Way
If you feel overwhelmed at the thought of filing a birth injury claim, it’s understandable. The most important thing for you to do after a birth injury is to protect your child and your family.
However, it’s vital for you as a parent to realize that birth injury claims are, at the end of the day, not about getting revenge on a doctor or hospital. And they certainly are not about making your child’s injury into a pawn on the legal chessboard.
In fact, filing a birth injury claim may be the best way for you to set a precedent for your child’s future life.
Reasons to File a Birth Injury Claim
- Remember that a case of birth injury means that your child was victimized by the very people and systems that were responsible to protect him or her at their most vulnerable. By filing a birth injury claim, you are standing up for your child’s right to justice. Not only are you refusing to let their birth injury define them, but you are setting an example of the dignity and respect with which they deserve to be treated throughout their life.
- Many birth injuries happen for unknown reasons. Doctors and hospitals at fault in a birth injury situation may not always be forthcoming about the reason the birth injury took place. By filing a birth injury claim, you are demanding answers. Not only can this help in your emotional and mental recovery, but it can be of valuable aid in determining and overcoming the long-term challenges of the birth injury.
- You can gain insight into your child’s birth injury. In a birth injury case, your lawyer will consult with top experts in neonatology, neurology, therapists and caregivers to understand how the birth injury is likely to affect your child’s future. The relationships and insight gained from these consultations can prove invaluable to helping your child throughout their life.
- You can receive the financial resources to get the best care for your child. The after-effects of birth injury will involve a lot of extra care for your child. Depending on the range and severity of your child’s symptoms, you may need to arrange for in-home care, occupational therapy, speech therapy, special education or prosthetics, as well as things like accommodating your home or transportation for your child’s needs. A successful birth injury claim will help ease the financial burden inflicted by your child’s birth injury.
- You can help others in your situation. Every successful case sets a precedent for future birth injury claims. By holding those who caused your child’s birth injury accountable for their actions, you make it more likely for others in your situation to receive justice and compensation.
We are Here to Help You
Our team of law experts has years of experience in helping parents in your situation file successful birth injury claims and receive the compensation you deserve. Nothing can take away the suffering caused to your family, but our professional expertise can help you navigate the claim process with the least amount of stress and turmoil.
About Ted Oshman
Ted Oshman has been with The Oshman Firm since 1988 serving clients for over 25 years. Learn more about Ted's background and featured practice areas here.
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