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November 28, 2022 by Brooklyn Injury Lawyer

When Infants Are Harmed During Birth

Birth Injury Accident Lawyer

There are few things on Earth that are harder to endure than watching one’s very young child suffer. The reality that innocents shouldn’t suffer is compounded by the primal urge to protect one’s own and the helplessness that comes with not being able to prevent all suffering. If your baby was recently harmed during the birthing process, you are all too familiar with this heart-breaking reality. Please know that while there may have been nothing you could do to prevent what happened to your infant, you may be empowered to take action now. Speak with an attorney to clarify your rights and options under the law.

Filing a Lawsuit

As an experienced birth injury accident lawyer – including those who practice at the Cohen Injury Law Group – can explain in greater detail, parents are generally in a strong position to file a birth injury lawsuit if their child was harmed as a result of medical negligence. In a nutshell, medical negligence occurs when a medical provider – that could be either an individual or a medical facility – fails to provide the kind of care that a reasonably competent provider facing the same circumstances would give to a patient and that patient suffers physical harm as a result of that substandard care.

If you’re unsure of whether you have grounds upon which to file a lawsuit, that’s okay. It is often very difficult to determine whether one has standing to sue until a lawyer has thoroughly and objectively evaluated the circumstances in question. Because they fear liability, medical providers often fail to be forthcoming about the missteps they’ve made when treating patients. Additionally, many providers are unaware that they’ve made mistakes until the consequences of those mistakes become plainly apparent. You may have been told that your child’s physical harm was unavoidable. Don’t rest on this information. Don’t make any assumptions until you’ve spoken with a lawyer.

Why Explore Your Legal Options Now?

Birth injuries often require a great deal of follow-up care. If the harm that your baby suffered was neurological or affected their spine, you could be looking at a lifetime of costs related to this single moment in time. As a new parent, who had no control over what your baby’s care team did or didn’t do, you should not be burdened by costs that should rightfully be paid for by those responsible for your child’s harm. If you’re not sure of whether your care team should be held accountable for this harm, connect with an attorney who has extensive experience with birth injury cases and knows how to uncover the truth.

It’s also important to note that if you’re offered a settlement, you shouldn’t sign anything until an attorney has reviewed the terms you’ve been offered. By signing a settlement, you’ll likely bar yourself from pursuing additional compensation. While this may be the best option available if the settlement has been fairly valued, signing one that isn’t fairly valued could impact your finances for life. Speak with an attorney before signing a single page.

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