Blog Post

5 Things Every Parent Needs to Know About Birth-Injury Lawsuits

By Admin • March 14, 2019
New Born Baby — Southfield, MI — Bernstein & Bernstein

Having a baby should be a joyous and happy time, but if your child was injured during birth or pregnancy, this time may be fraught with stress and expensive medical bills. Approximately five out of every 1,000 births in this country involve a serious injury, and if you think your baby falls into this category, you may want to talk with an attorney about a birth-injury lawsuit.

Here's what you need to know.

1. Birth-Injury Cases Are Often a Type of Medical-Malpractice Suit

Birth injury often falls under the umbrella of medical malpractice. If the attending physician, nurse practitioner or midwife was negligent during the birth in a way that led to the injury of your child, you may have a medical-malpractice case on your hands.

For example, if an obstetrician-gynecologist used forceps incorrectly while delivering your baby, that could constitute medical malpractice.

It can be tricky to establish negligence, but as a general rule of thumb, negligence means that the medical professional acted in a way that was not in the best interests of you or the child and that most medical professionals in the same situation would not have acted in the same way.

2. Birth Injuries Don't Just Happen During Birth

Birth injuries don't necessarily have to happen in the labor and delivery room. They can also happen during your pregnancy. For instance, if your healthcare provider failed to diagnose a condition such as hypertension or gestational diabetes and that led to issues with your child, this too can constitute a birth injury.

3. Birth-Injury Lawsuits Do Not Have to Be Against the Healthcare Provider

In some cases, you may have a lawsuit against multiple parties. In particular, if the hospital failed to do its due diligence when hiring the doctor who attended you, you may be able to bring a suit against both the doctor and the hospital.

In other cases, the lawsuit may not even involve medical malpractice. Rather, you may have a suit against a drug company or an equipment manufacturer. If you were prescribed a drug during pregnancy that led to birth defects, you may need to bring a suit against that company.

Similarly, if the malfunctioning of certain equipment led to the birth injury, the manufacturer of that equipment may be liable.

4. Birth-Injury Suits Can Include Compensation for a Range of Expenses

If you decide to bring forward a lawsuit, you may be entitled to compensation for your child's medical bills, but that doesn't just include the medical bills you have already incurred. That can also include projected costs for future medical bills, physical therapy, special education and similar costs.

In addition, if you have to quit your job to take care of your child due to the birth injury, you may even be able to get compensation for decades’ worth of lost income. Pain and suffering may also come into play.

5. A Life Care Plan Can Be Essential

Regardless of who was at fault or what type of injuries your child sustained, a life care plan can be essential in this type of case. A life care plan is a document that outlines the anticipated future needs of your child. That includes everything from adaptive toys and equipment to occupational therapy to in-home care expenses and transportation costs to see specialists.

Typically, the medical team that treats your child and your attorney work together to create this document. This document can help the courts come up with a fair compensation amount for you, and it can ensure that you don't accidentally request too little compensation.

Birth-injury lawsuits are not frivolous. They help to ensure that your child gets the care he or she needs for the rest of his or her life, but they also protect future babies from similar injuries. If your child was injured, contact Bernstein & Bernstein Attorneys at Law today.

Social Security Disability SSDI Lawyers in Detroit
March 12, 2024
In a society where unforeseen circumstances can disrupt our lives in an instant, having a safety net is crucial. Social Security Disability Insurance (SSDI) serves as that essential lifeline for individuals who are unable to work due to a disability. However, navigating the complex process of applying for SSDI benefits can be overwhelming and challenging. This is where retaining an attorney becomes invaluable. Here are several reasons why seeking the assistance of an attorney is paramount in securing Social Security Disability benefits: Expertise in the Legal Process: Applying for SSDI benefits involves a myriad of legal procedures, forms, and deadlines. An experienced attorney specialized in disability law possesses an in-depth understanding of these intricacies. They can guide you through every step of the process, ensuring that all necessary paperwork is completed accurately and submitted on time. Thorough Evaluation of Eligibility: Not everyone who applies for SSDI benefits qualifies for approval. Attorneys can assess your case thoroughly to determine your eligibility based on the Social Security Administration's (SSA) stringent criteria. They can advise you on the strength of your case and provide strategies to enhance your chances of approval. Gathering Medical Evidence: Medical evidence is the cornerstone of any successful SSDI claim. Attorneys can assist in gathering comprehensive medical documentation from healthcare providers to support your disability claim. They understand the type of evidence required by the SSA and can ensure that your medical records accurately reflect the severity of your condition. Representation at Hearings and Appeals: If your initial SSDI application is denied, you have the right to appeal the decision through a hearing before an administrative law judge. Having legal representation during these proceedings is invaluable. Attorneys can prepare you for the hearing, cross-examine witnesses, and present compelling arguments on your behalf, significantly increasing your chances of a favorable outcome. Navigating Complex Legal Issues: Disability law is intricate and subject to frequent changes. Attorneys stay abreast of these legal developments and can navigate any complex issues that may arise during the SSDI application process. Whether it involves understanding SSA regulations or interpreting case law, attorneys have the expertise to address these matters effectively. Maximizing Benefits and Avoiding Mistakes: The SSA's rules and regulations regarding SSDI benefits are stringent, and even minor errors in your application can lead to denial or delays. Attorneys can help you maximize your benefits by ensuring that your application is error-free and that you receive the full extent of benefits you are entitled to.  Peace of Mind: Dealing with a disability and the subsequent financial strain can be incredibly stressful. By entrusting your SSDI claim to a knowledgeable attorney, you can alleviate much of the burden associated with the application process. You can rest assured knowing that your case is in capable hands, allowing you to focus on your health and well-being. In conclusion, retaining an attorney to assist you in obtaining Social Security Disability benefits is not just advisable—it's essential. From navigating the intricate legal process to representing you at hearings and appeals, attorneys play a vital role in ensuring that you receive the benefits you deserve. If you're facing a disability and seeking SSDI benefits, don't hesitate to seek the guidance of an experienced disability attorney. It could make all the difference in securing your financial future and peace of mind during challenging times.
March 8, 2024
Navigating the aftermath of a personal injury can be a daunting experience. Read this blog on the importance of free consultations when hiring a lawyer.
Show More
Share by: