When a child's delivery is delayed, this can sometimes lead to a tragic birth injury such as brain damage. In the past, brain injuries due to delayed deliveries have lead to successful birth injury claims. However, you will need to first work with a birth injury lawyer to explain what went wrong during the delivery and how the medical staff was negligent.
1. Seeking Compensation for a Birth Injury
If a baby is in a birth canal for more than 18 hours, that baby is in distress. There are all sorts of medical threats that come from being in a birth canal for too long. For your child to receive compensation for her head injury, you will need to show that the treatment they received deviated from the typical standard of care. With a delayed birth, a child might not receive enough oxygen to the brain and this can lead to brain damage.
Giving birth can be a very challenging experience with many things that can go wrong. For this reason, it's important to have medical experts available who can address any issues that go wrong. If the clinic fails to have the right staff members present, you may be able to use this as a justification to seek compensation for you and your child's injuries.
2. Determining the Compensation You Deserve
When a child suffers from brain damage, they may require extensive care. While you may feel hopeless, you should know that birth injuries are a cause for a medical malpractice case. First, you will need to calculate the damages that you have suffered and will suffer.
For example, caring for your child could require years of expensive care if they sustain birth injuries. Some children who are not delivered quickly enough can suffer from cerebral palsy, for example. Autism is also considered to be associated with a long birth. With both cerebral palsy and autism, there is no cure. However, there are treatment options available.
You will not only deserve compensation for current medical bills but the lifelong medical bills you must pay for. You must also account for the pain and suffering that both you and your child suffer. Therefore, you will want to work with a birth injury attorney who will help you calculate all of these damages and prove that your doctor was negligent.
For more information, contact law services such as Phillips and Paolicelli LLP.