Everyone who’s expecting a child looks forward to their baby’s birth. They imagine it as a day of overwhelming joy and relief.
When something goes wrong, that all comes crashing down.
Among all the books you read and the classes you take, few parents learn much about birth injuries during pregnancy. The reality is that they happen all too often, and educating yourself is the first step toward advocating for your child.
Whether you’re about to have a baby or you already have a child who was injured during birth, read up on these birth injury myths.
1. Cerebral Palsy Happens Sometimes, and It’s Unavoidable
Cerebral palsy is a more general diagnosis than most people realize. It’s a term for a certain category of brain injuries that happen while the brain is still developing.
This means there are many potential causes of cerebral palsy.
Some cases are caused by genetic factors that are out of everyone’s control. Others are the result of injuries during birth, like rupturing blood vessels and reducing the oxygen in the brain.
As a result, every parent whose child has cerebral palsy should look for answers about their child’s specific case and why the injury occurred.
2. My Child’s Injury Isn’t Severe Enough for a Lawsuit
There is a wide range of injuries that can happen during your child’s birth. When babies sustain injuries that appear minor, some parents count themselves lucky and move on.
In reality, you don’t always know how your child’s injury will impact their life. Even minor birth injuries can raise your medical bills or create problems your child may struggle with for years.
In fact, it isn’t uncommon for doctors to make a child’s injury seem less severe than it is because they know they’re liable.
As a parent, you need to look for someone with the expertise to understand your child’s injury. Get opinions from other medical professionals and contact a birth injury lawyer. We can tell you whether your baby’s injury could warrant a lawsuit.
3. I Didn’t Notice Any Negligence or Wrongdoing, So There Was None
Giving birth is a stressful, hectic experience for everyone involved. There’s often a lot of activity and you can’t watch everyone at once.
Even if you could, you wouldn’t always know if the medical staff was doing their duty. There are certain standard actions doctors and nurses are required to take. Without knowing what those are, you won’t know if your trusted medical professionals fall short.
If your child is injured during birth, you need a professional to be able to tell you if someone’s actions caused the injury. Our birth injury lawyers have specialized knowledge to review your child’s case.
4. A Lawsuit Can’t Undo My Child’s Injury, So There’s No Point
A birth injury is an upsetting event for the whole family. As a parent, you may feel saddened and discouraged. Compared to the fact that your child will face life-changing challenges, getting money from a lawsuit could seem like a petty concern.
In reality, a lawsuit may be able to make life far easier for your child.
For many birth injuries, there are therapies and treatments available. Those therapies can either improve your child’s condition or help them learn how to cope and function with their condition.
When you win a lawsuit for a birth injury, you’ll be able to invest in these often expensive therapies for your child. In that way, a lawsuit actually can reduce the impact your child’s injury will have on their life.
5. It’s Too Late to Start a Lawsuit for My Child’s Birth Injury
Some parents assume that if a birth injury occurs, they have to file a lawsuit right away. They believe they need to make the choice right away and live with it.
There is a statute of limitation for birth injury lawsuits, but it’s longer than you may realize. Each state is unique, but New York’s statute of limitation is two and a half years from the injury.
Part of the reason for this is because not all birth injuries are obvious right away. This is one more reason to bring your baby to regular check-ups. A pediatrician will notice problems and abnormalities you won’t.
6. The Doctors Will Just Lie on Medical Records So There’s No Way to Prove Malpractice
This myth is incorrect in two ways.
First, when it comes to the law, there is a big difference between medical malpractice and forging medical records. Forging a medical record is an extremely serious offense that can end a doctor’s career in one fell swoop.
As a result, few physicians are willing to risk criminal charges to cover up medical malpractice. There may be more information in your child’s medical records than you expect.
Even if the medical staff does lie in your child’s records, it doesn’t mean all hope is lost. When a child is injured, the body can preserve a long list of clues and hints about what happened. You could have all the proof you need without help from the records of your baby’s birth.
7. The Doctors and Nurses Can’t Afford to Pay, So I Won’t Get Paid Anyway
It’s understandable to have sympathy for the doctors, nurses, and other medical professionals who caused your child’s injury. Everyone makes mistakes, and you might worry your lawsuit will put these people in financial ruin.
In truth, it’s rare for anyone to pay out of their personal pockets for birth injuries. Most often, insurance companies or large organizations like hospitals are responsible for the bill.
If you don’t file a lawsuit, you’re the one who is left in a financial bind to give your child the added care they need. Don’t sacrifice your financial health for the myth that you’ll hurt your doctor’s ability to pay their bills.
The Truth Behind Birth Injury Myths
As with many other health-related topics, birth injury myths are everywhere. People make assumptions or they know part of the truth but not the whole truth. As a parent, these misunderstandings could cost you and your family dearly.
To get answers for your child’s birth injury case, contact our attorneys for a free consultation today.