My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
Every mother wants to have a healthy child, but this doesn't always happen. But when there is a birth defect or injury to a baby, it is sometimes a problem that could have been avoided. This type of situation can sometimes be attributed to negligence, and you may be entitled to compensation. The following are a few things you should know.
Not every birth defect or injury is negligence
This is important to understand because children can have birth defects due to genetics. For a birth defect case, there must be someone, who through negligence, caused your child's birth defect. They either did something they should have refrained from doing, or they neglected to do something they should have done. This can be a doctor or the hospital staff. It can begin at the time of your pregnancy with a treatment or medication prescribed. It can involve the birthing process or what occurs after the birth of your child at the hospital. The one thing that all of these situations have in common is that if it were not for the negligence of medical personnel, your child would not have this birth defect.
There are many sources of birth defects
During your pregnancy, you may have been prescribed medications that were contraindicated with other medications that you were taking. This can lead to birth defects. Sometimes it is only later, years after your child was born, that certain medications may be found to create birth defects. But there is also the issue of procedures not being followed in a hospital. Your baby may have had complications after birth that were not discovered as quickly as they should have been. Perhaps your baby had a fever that was not treated quickly enough. There are many possibilities, but an experienced birth injury lawyer will know what to look for.
There are signs that your baby has suffered an injury
During a baby's development, there are milestones that a child will achieve. Because a baby cannot speak, pediatricians will ask about certain things a baby should be doing after a certain amount of time. This is an important way a doctor will discover a problem. However, you may be able to spot an issue yourself. A newborn baby that is crying for an extended period of time, without any explanation, may be suffering from a birth injury. A baby who will not breastfeed is another example. Anything that may seem unusual needs to be brought to the attention of your pediatrician.
If you suspect that your child has suffered from a birth defect or injury, you need to take the time to consider what the source of this defect was. Think about everything that happened during your pregnancy and all the events that took place at the hospital. Although not every birth defect is due to negligence, a birth injury lawyer can explore the possibilities and advise you of your options.
For more information, contact a law firm like Phillips and Paolicelli LLP.