The birth of a child is always good news for the parents who have spent months preparing to hold their baby in their hands. This joy can quickly get tainted when any form of birth injury occurs. Many times, parents are confused after such an injury, not knowing what to do.
To address such issues, New York law provides parents dealing with birth injuries certain rights. This article explains what birth injuries entail and details some of the rights available to parents.
Understanding Birth Injury and the Rights Available to Parents
Birth injuries happen when a baby suffers any sort of discomfort, illness, or abnormality before, during, or shortly after birth. While some of these injuries present as temporal and are able to heal after a short while or with the necessary treatments, some can result in further complications. Brain damage due to lack of oxygen or broken bones is one of the injuries that can have a long-term impact on babies.
As a parent who has experienced birth injuries, certain rights are available to you by law, including:
1. The Right to Seek Answers
When a child gets injured during birth, parents have the right to know what really happened. This right requires hospitals and doctors to provide medical records and report what happened during delivery. “With the right information, parents can understand what really happened and if the injury could have been avoided,” says attorney Michael Duffy of Duffy & Duffy, PLLC .
2. The Right to Hold Medical Providers Accountable
If negligence caused the injury, parents can hold medical providers responsible and make a compensation claim. In New York, this is done by filing a medical malpractice claim against the responsible doctor, nurse, or hospital. After the claim has been investigated and approved, families can then seek compensation for the injury that has occurred.
3. The Right to Financial Compensation
Birth injuries often bring long-term needs that can be expensive, such as medical treatments, therapies, or rehabilitation. Parents are therefore entitled to compensation that caters to both immediate and future costs directly resulting from the birth injury. Such compensation may include hospital bills, therapy costs, or even lost income if it necessitates a parent’s inability to work. Through this compensation, families can focus more on healing instead of constant financial stress.
4. The Right to Access Support Services
Parents in New York have the right to seek social and community assistance services for their children. These may include early intervention programs, counseling, and rehabilitation services that focus on long-term recovery. Access to these resources ensures that children with birth injuries are not left behind in education, growth, or development.
5. The Right to Legal Representation
Parents do not have to navigate these difficult moments alone, especially if doing so can complicate their situation. They have a legal right to seek the assistance of and work with an attorney familiar with birth injury cases in New York. With such an attorney, they can build their case, gather evidence, and get necessary support and reassurance along the way. With their support, parents can focus on their child while knowing their pursuit of justice is ongoing.
6. The Right to Participate in Settlement Negotiations
Parents have the right to participate fully in settlement discussions. They can review offers and make sure the proposed compensation covers their child’s medical care, education, and long-term needs. This participation also ensures their child’s best interests are protected throughout the negotiation.
7. The Right to Appeal Decisions
If the insurance company or hospital dismisses the claim or is dissatisfied with the outcome of the trial, the parents can appeal. This right allows them to present more evidence and ask for the case to be reviewed at a superior level.
Conclusion
In New York, parents have rights that help protect the child’s well-being after a birth injury. They can ask questions, seek accountability, and pursue compensation to support their child’s needs. With these rights, families can focus on healing while also protecting their child’s future.
Also Read: Types of Personal Injury Claims That Accident Lawyers Handle
