How Much Compensation for Birth Trauma?
Compensation is usually high in birth injury matters, mostly because doctors have a fiduciary duty. Drivers must avoid accidents. Doctors, lawyers, accountants, and other professionals with fiduciary duties must go the extra mile to avoid accidents, or in this case, birth injuries. Many doctors don’t live up to their fiduciary duty. They put other priorities, like making money and work-life balance, on par with patient health and safety. Some doctors even put these other priorities above patient health and safety.
With great power comes great responsibility. Since the duty of care is so high, it’s easier for a Carlsbad birth injury lawyer to prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. There’s usually no such thing as a medical “accident.” Almost any error constitutes medical negligence. Compensation in these matters usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The compensation also includes money for future economic and noneconomic losses. Families of disabled children shouldn’t have to depend on handouts, and they should never suffer in silence. More on that below.
Kinds of Birth Injuries
The fiduciary duty of care begins at the first doctor-patient contact. Usually, this contact occurs well before a mother enters the delivery room. Ideally, all moms-to-be would receive prenatal care for the entire terms of their pregnancies.
During these initial contacts, many doctors spot red flash which could indicate that a difficult delivery is ahead. Maternal obesity, AMA (advanced maternal age), diabetes, and a history of difficult pregnancies are a few examples.
Everyone likes and needs confident doctors. But no one likes or needs an overconfident doctor. If the doctor dismisses these red flags as “pink” flags that don’t merit changes to the prenatal care routine, mother and baby usually pay the price.
Other doctors are on the other extreme. They prescribe drugs the mother-to-be doesn’t need and have very harsh side effects.
In-labor birth injuries may be the most common. If something goes wrong during delivery, many doctors panic and fall back on dangerous birth aids, such as:
- Forceps: These mechanical birth aids resemble large salad tongs. A doctor grabs a baby’s head and tries to pry the baby out of the mother’s womb. This excessive force often causes permanent skull, brain, and other injuries. A newborn baby is about the size of a two-liter bottle of soda and almost as fragile.
- Vacuum Extractor: Modern forceps aren’t much safer. Instead of metal clamps, the doctor places a metal cap on the baby’s head, contacts that cap with a vacuum, and tries to suck the baby out of the mother. Once again, serious and permanent injuries include brain and skull injuries.
- Episiotomy: Once upon a time, doctors believed that these maternal incisions widened the birth canal and made deliveries easier. Now, medical science has proven that these incisions cause a dangerous amount of blood loss. But some doctors cling to the old ways.
If complications continue and babies must go to the NICU, doctors must base discharge decisions solely on the baby’s health, not on the parents’ insurance and not on the family’s desire to go home together.
Compensation Available
Maximum compensation in a birth injury or other personal injury claim is a process, not a result. For an Oceanside personal injury lawyer, this process typically begins shortly after medical treatment is at least substantially complete. This delay is especially important in birth injury claims, because the amount of future medical expenses is usually so high.
If informal negotiations break down or stall, most judges appoint professional mediators. These individuals know how to bring two sides together. Just as importantly, mediators enforce a duty to negotiate in good faith. “My way or the highway” is not a good faith offer.
Count on a Savvy San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
ncbi.nlm.nih.gov/books/NBK216764/
