Tackling Birth Injury: A Tedious Task?

By Author: Rhonda Lapan
Total Articles: 1
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The birth of a child is always a blessing for the family as the newborn brings in a lot of happiness, joy, and hope. The baby is bringing in a new form of positive energy in their family as well as the surrounding. Will this blessing turn out to be suffering for the family? A valid question that comes up if the baby is not in a healthy condition. If such a situation comes up, who are the ones to be blamed? The doctors or any other factors? A lot of questions are being asked. These questions’ answers would lead us to a conclusion on whether tackling a birth injury is seriously a tedious task.

Birth injury, the term seems small but the impact it can create in the lives of the baby and baby’s family is terrible. Suffering, financial loss, stress, exhaustion, and many other feelings cannot be put into words. In certain cases, the ones to be blamed are the medical practitioners. One mistake from the doctor’s side becomes lifelong suffering for the patient and their families. The medical field is one of the most crucial areas where mistakes cannot be pardoned because a mistake can cost a life. Every life is valuable and ...
... no one has the right to take it even by mistake.

Even if the death or injury is by mistake it is affecting an individual. If an injury is happening, at times the situation can be more pathetic than the death of a life. When a person is consulting a doctor or any medical practitioner they are blindly trusting the latter. So it is the responsibility of the doctors to carefully handle every patient. In case of birth injury, a small mistake is enough to ruin the life of that baby. There are doctors who by mistake are the cause of an injury but there are also doctors who purposefully commit the crime. These crimes are committed either on-demand or by the doctor’s interest. Either way, it is really cruel. A life which started to live, what can they do to the people around. Every person has the right to live peacefully.

The majority of the birth injury cases are happening due to the mistake of the doctors. The patient’s mistakes are comparatively less. The patients take utmost care and would not take any risk for themselves. So when a birth injury takes place the procedures followed are at times tedious for both patients and doctors. If the doctors are not at fault then the patients can only curse their destiny. But, if the case is vice versa then the patients would and should fight for their rights until justice is served. The procedures carried on may take time but that does not serve to be an excuse for not fighting back. Every individual who suffered due to the mistake committed by someone else has the right to fight.

The procedures to be followed include taking a note of the intensity of the injury, the role of doctors, in that case, checking if it was medical malpractice, these tasks can be smoothly handled if a birth injury lawyer’s help is taken. They have more experience in tackling such cases and would do the necessary negotiations and bring out the truth. The birth injury lawyers play a pivotal role in this situation and would do their best to bring out the truth. In the majority of cases, the victims are least interested in going behind cases because the time is taken to prove the case is more.

The difficulties faced by the victims are the primary reason for pulling back from hiring a lawyer or filing a suit in court. The time gap brings in additional cost and if the victim’s family is not financially sound then that will be another problem. No one would wish to simply waste their money on something which is giving them negative results. Birth injuries mainly include Cerebral Palsy which can be a more serious situation. The patient usually thinks that it was their fault that such a mishap happened but in reality maybe the medical practitioner will also be equally responsible for their condition. In many cases, the patients are quiet because they think going after the case is simply a waste of money, energy, and time.

Rights and duties go hand in hand and if duties are not properly fulfilled then fighting for rights is a waste of time. This means if the hospital authority and medical practitioners are unaware or are ignorant about their duties then they cannot fight for their rights. When a person is admitted to a hospital they are their responsibility and if the responsibility is not properly taken care of then they will be forced to take proper care. Laws and regulations are designed for the protection of every individual’s rights and at the same time, they also explain the duties to be performed.

Tackling a birth injury case depends upon the severity of the case. If the case is more serious the level of intensity will be high and will be a tedious job to settle and come to a conclusion. If the defaulter is accepting the mistake which is not happening in the majority of cases then the case will end at an earlier date but if the defaulter is trying to drag the case then it can even take years for the verdict to come. The main aim of both defaulter and victim will be proving themselves innocent and for that, both the parties can go to any extent.

Thus, the intensity of a birth injury is measured according to the depth of the injury and the nature of both the defaulter and victim. If both the parties are genuine then the case can be easily handled and a fair verdict is announced within a short span but if both the sides are adamant then the time will extend to months and years which at last result in a clash and both the parties will be suffering and justice will not be served to the deserved.