The social media videos and stories of children with special circumstances are heartwarming. The individual testimonies of students who have helped their classmates overcome situations of bullying and loneliness because of their appearance are touching. When you realize, however, that some of these tragic circumstances may have been the result of medical negligence or carelessness, the heartwarming and touching responses may turn to anger and frustration.
While some conditions are genetic and unavoidable, other conditions are part of a growing number of birth injury statistics that could have been avoided. Current birth injury research indicates that seven in 1,000 newborns will suffer a birth injury that can lead to Erb’s palsy or cerebral palsy. In the process of making decisions about the immediate medical needs of their newborns and dealing with the emotions of having a child with a birth defect, many families overlook the possibility of birth injury compensation that might be available.
The surgical procedures and long term care of an infant that is born with a condition like cerebral palsy or Erb’s palsy can be exhausting and expensive. For these reasons, it is in the family’s best interest to make sure that they explore the possibility that their child may be eligible for legal and financial compensation.
A medical malpractice lawyer, in fact, is familiar with birth injury statistics that could help a family decide if they need to seek compensation from a hospital or doctor. Unfortunately, medical negligence is the third leading cause of death in America. Behind the first and second causes of heart disease and cancer, negligence is a real threat to babies that are born with birth defects. Medical malpractice statistics and birth injury statistics show that parents need to be able to move past their grief and investigate to see if they need legal advice.
What To Do When a Birth Injury Occurs
When you realize that the 28,000 birth injuries that occur per year might include your child, it is important to call a medical malpractice lawyer and ask that person to consult you in your situation. This nearly 30,000 a year number breaks down into 2,333 a month, 538 a week, 76 a day, and 3 an hour. As a result, medical malpractice attorneys across the country are able to assess a situation and determine if the family has a viable legal case.
While it may seem noble to deal with these unexpected circumstances in brave and positive ways, it is foolish to ignore the financial implications of birth injury statistics. In short, it is possible to care for your child, put on a good face for the future, and seek financial compensation at the same time. Consider the following statistics about successful attempts to get financial compensation to help cover future expenses:
- Surgical errors account for approximately 34% of medical malpractice claims among inpatient incidents
- $363,000 is the average medical malpractice compensation for incidents that occurred in inpatient settings
- $290,000 is the average medical malpractice compensation for incidents that occurred in outpatient settings
Sadly, 20% of babies are born with congenital cerebral palsy which was caused by a brain injury during the birthing process. If your child is the one in five babies born with a condition that could have been avoided doesn’t it make sense that you would want to see if you can receive medical compensation for a condition that will involve costly care and expensive surgeries? It is not selfish or vengeful to think about the medical costs of having a child born with a birth defect. It is perfectly fine to be emotionally brave and strong as you attempt to deal with an unexpected birth defect. It is also perfectly fine, however, to give yourself permission to seek legal advice to determine if you have the need for a medical malpractice attorney. The best evidence for your case may be there in the hours and days after your child is first born.
Just as you would not hesitate to announce the arrival of a perfectly healthy baby, you should not hesitate to advocate for a child that may need years of medical care and treatments.