In my recent Live on Lakeside interview with Michael Cardamone, I spoke about one of the biggest challenges facing families of birth injury victims. My answer was not what many anticipated – Michael included!
The Number One Issue With Birth Injuries is Denial
The very moment a healthcare professional says the injury to your child could not have been prevented or avoided is the moment you pick up the phone and call me. Our very nature is to trust and empathize; even in under dire circumstances. Unfortunately, for medical professionals the penalty for admitting wrongdoing makes them the least credible source for providing such a statement.
Families are reeling from devastating news of a birth trauma and are in no position to comprehend the facts of the tragic event. God forbid if this conversation occurs with your family, it should an immediate red flag and cause for concern. The healthcare facility, the medical professionals and the insurance companies are not on your side, but I am!
The Real Life Implications
Just recently, I settled a case for a family that experienced a very similar event as discussed above. Their baby was injured during child birth and suffered a severe and debilitating brain injury. Immediately following the birth of their child, the medical staff explained that there was absolutely no way this could have been prevented. After some time had passed, this family couldn’t shake the unsettling feeling that perhaps the medical team had not spoken the truth. They contacted me and we investigated the events of the case and as a result, their case was settled favorably out of court!
For any birth injury, the statute of limitations is one year after the 18th birthday of your baby. Essentially, you can pursue a birth injury case until your child’s 19th birthday. Trust your instincts, and if you suspect a wrongdoing such as a medical mistake, call me.
View my full interview on this very topic here.
