Can I File a Claim for Emotional Distress After a Birth Injury?
Yes, you can file a claim for emotional distress after a birth injury. You can seek compensation not just for the physical harm but also for the emotional distress that followed if your child sustained a birth injury because of medical negligence. At Parham Smith & Archenhold LLC, we know that when something goes wrong during childbirth, the emotional toll can be just as devastating as the physical injuries.
Our Greenville birth injury attorneys have worked with many parents who walked into a delivery room expecting joy only to leave with fear, confusion, and grief. Emotional distress is real, and it’s legally recognized. We can help you pursue justice for yourself and your family and hold the right parties accountable for your suffering and related losses.
What Exactly is Emotional Distress After a Birth Injury?
Emotional distress isn’t just about feeling down or blue. It includes intense psychological suffering like anxiety, depression, PTSD, or even panic attacks that stem from the trauma of the birth injury. For instance, if you suffer from postpartum depression that’s directly tied to the trauma of an emergency C-section caused by a doctor’s mistake, your condition can be considered emotional distress.
You can seek damages for emotional distress through a medical malpractice or personal injury claim. However, you need to prove more than just emotional pain. You need to connect that distress to the negligence that caused the injury because not all birth injuries result from medical negligence.
But when a doctor or nurse fails to monitor fetal distress, misuses delivery tools like forceps or vacuums, or waits too long to order a C-section, those mistakes can lead to serious and preventable harm. Conditions like cerebral palsy, Erb’s palsy, or brain injuries are often linked to reckless decisions made during labor and delivery.
Unfortunately, medical errors during childbirth remain one of the most common forms of malpractice in the country, with thousands of cases filed each year. These aren’t just numbers. They are families whose lives were turned upside down, like yours.
How a Greenville Birth Injury Attorney Can Secure Justice and Compensation for Your Family
These cases are complex. To claim emotional distress damages, your Greenville birth injury lawyer will need strong evidence. This can include psychological evaluations, therapy records, expert testimony, or even personal statements that illustrate how your daily life and mental health have been negatively affected because of the birth injury.
These documents will significantly help your lawyer determine fault and liability for your damages and negotiate a settlement that truly reflects your suffering. They can also help build a compelling case to present in court if the insurer refuses to give you maximum compensation.
You should also be aware that hospitals and insurers move quickly to protect themselves after a birth injury. However, once you accept their offer, you may be unable to ask for more later as part of your settlement’s terms. That’s why it’s in your best interest to talk to a Greenville birth injury attorney first before speaking with the other parties involved.
Leave Your Case in the Compassionate Hands of Our Greenville Birth Injury Lawyers
At Parham Smith & Archenhold LLC, we’ve represented parents who have struggled with depression, couldn’t sleep, couldn’t work, and couldn’t move past what happened to their newborn. Our Greenville birth injury attorneys can do the same for you. Dial 864-432-1796 or contact us online to schedule your free case evaluation today.