For some parents, after being told that their baby has suffered an injury concerns began to mount about their baby’s long-term care after a traumatic brain injury at birth. This is something that we hear when speaking to families who want an investigation into what may have led up to their baby suffering a brain injury at birth, especially when mom had an uneventful pregnancy.
If we conclude that the cause of a baby’s brain injury at birth is due to something the doctors, nurses, and/or hospital did, we have to include in our analysis the long term needs of the baby, and the baby’s interaction with their family. This article and supporting video will touch on how we put this analysis together.
DAMAGES…WHAT ARE DAMAGES?
Because a birth trauma case is a form of negligence, there are certain elements which must be proven. Those elements are duty, breach of duty, causation, and damages. For this talk today, we will focus on element four, damages. One of the easiest ways to understand damages in this context is the harm, or injury done. So, in this context, damages can cover the physical injury done (the brain injury), but it can also cover things like not being able to work in the future, or the cost that it takes to pay for medical treatment and supplies.
In some cases, the damages portion will not only impact the baby, but also the parents. This can come in the from of them having to pay for medical bills, missing time from work, any pain or injury that mom may have suffered during birth that is traced back to the medical professionals deviating from the standard of care, causing the injury, etc.…. Damages are an important aspect to a medical malpractice claim.
A BABY’S LONG-TERM CARE AFTER A TRAUMATIC BRAIN INJURY AT BIRTH
Because the law requires that when a plaintiff(s) (the person or people bringing the lawsuit) brings a claim like this, they must bring all claims at one time, birth trauma attorneys have to do an analysis which will include what a child might need moving into the future. To do this, we use professionals called certified life care planners. These are individuals who are experts in disability and how the disability will impact the baby not only now as a baby, but as the baby grows into an adult.
They will interview the family and get an idea of the baby and the family’s needs. For example, the life care planner will take into consideration whether the injury and medical records dictate the need of a wheel chair, or braces, etc.….They will look at things like the need for diapers and wipes, to possible retro fitting the house (or money to buy a new one if retro fitting is not possible), to retro fitting the car, etc.….All of these things, and more will be taken into consideration to get the best idea of what may be needed for the baby now, and into the future.
LET US TALK MORE ABOUT YOUR BABY’S INJURY…
To speak with me further about any of the issues above go ahead and pick up the phone and call me. I talk with families all the time regarding brain injuries at birth and I would be happy to listen to your story.
You can reach me at 301-850-4832.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
