LEGAL GUIDE
Written by attorney Marcus Bazzell Boston | Jul 27, 2019

Birth Injury? What’s In Your Baby’s Best Interest?

Does your baby have a birth injury? If this is the case, have you started thinking about what is in your child’s best interest following a birth injury? For many parents facing this situation, the answer is that they are thinking about their baby’s best interest, but does that thought process mostly revolve around what is going on right now?

One of the main focuses of my educational article today is to help parents dealing with these issues to remember that the “long term view” should also be included in their analysis. Before getting to the substance of the article, I want to make sure that you, the reader, understand that I cannot make this decision for you. That ultimately, what is in the best interest of your child must be determined by the parents. It is my position to help you understand the importance of issues you may not have thought were important/relevant in your decision making.

THINGS CAN BE HECTIC FOLLOWING A BIRTH INJURY

One thing can be certain for families dealing with a birth injury, and its immediate aftermath…things can be hectic. This can be for several reasons. From, what is wrong with my baby, to how did this happen, to what can we do for treatment long term, these things can create a hectic environment following a birth injury. In my opinion, for some families following a birth injury, this can create a focus on the immediate, and rightfully so.

With the above stated, parents must, in my opinion, resist the temptation of only looking at tomorrow, and tomorrow alone when making important decisions. I will speak more on this below. Following that type of thought process can sometimes prevent babies from receiving the help that he or she may need as they get older, especially when a brain injury is in place.

BIRTH INJURY? WHAT’S IN YOUR BABY’S BEST INTEREST?

As one person told me in the past, because their baby “looked fine” they did not think at first issues would be present into the future. For some families this can be true because in a lot of cases, a brain injury may not manifest any immediate “physical” disabilities, and this prompts an immediate view of the baby’s circumstances.

When a baby has a brain injury at birth, this is often a permanent injury. If hypoxic ischemic encephalopathy, or HIE, is present then a cerebral palsy diagnosis can sometimes follow. A child with a CP diagnosis can need help and assistance for the remainder of his or her life. This help can be in the form of wheelchairs, retrofitting of homes and cars, special schooling if needed, medical devices, etc…

For parents who do not consider long term issues, because everything looks “fine” right now, they can be setting their baby up to struggle to meet long term challenges as the child gets older. Not looking long term can not only prevent consultations with other medical professionals, but also prevent consultation with legal professionals who might be able to assist, using the help of a life care plan, with getting the baby the things needed to help them meet future challenges.

DO YOU NEED TO SPEAK MORE ABOUT YOUR BABY’S FUTURE FOLLOWING A BIRTH INJURY?

Has your baby been diagnosed with HIE as the result of a brain injury, or cerebral palsy, and you have questions? You are here because you are thinking about the future and what lies ahead? To speak with me further this is what I invite you to do. Pick up the phone and give me a call.

I can be reached at 301-850-4832. I answer questions regarding labor and delivery, brain injuries, cerebral palsy diagnosis, and much more surrounding birth injuries all the time and I would be happy to listen to your story.

Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

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