If your child has experienced a preventable birth injury, it’s crucial to pursue legal action against those responsible for your child’s suffering. A birth injury attorney can be your lifeline, assisting you in securing compensation to cover the cost of your child’s treatments and ensuring accountability for the medical professionals who exhibited negligence in their care.
The Role of a Birth Injury Attorney
A skilled birth injury attorney’s primary goal is to win your case while simplifying the legal process for you and your family. Children afflicted by birth injuries often require costly medical treatments that can extend for months, years, or even a lifetime. Birth injury lawyers are dedicated to helping you obtain the maximum compensation possible, relieving the financial burdens placed on your family.
Financial compensation from a birth injury lawsuit can aid in covering:
- Adaptive equipment, such as wheelchairs
- At-home nursing care
- Various therapy types
- Medications
- Lost wages if you need to leave your job to care for your child
- Other personal and medical expenses
Collaborating with an attorney specialized in birth injury claims can significantly enhance your chances of a successful outcome. Many birth injury attorneys possess extensive experience, enabling them to construct compelling cases and pursue the highest attainable compensation on your behalf.
Birth injury lawyers are also committed to seeking justice for the preventable birth injuries inflicted on your child. Your attorney will work closely with your family to ensure that the healthcare professionals guilty of medical negligence are held accountable.
Types of Cases Handled by Birth Injury Attorneys
Birth injury attorneys handle a wide array of cases involving injuries resulting from avoidable mistakes during childbirth. Some of the injuries they address include:
Cerebral Palsy
Cerebral palsy is a lifelong condition stemming from brain damage, leading to developmental and physical disabilities. Preventing complications that result in cerebral palsy is possible by ensuring the baby does not experience oxygen deprivation during birth.
Erb’s Palsy
Erb’s palsy, or brachial plexus palsy, is nerve damage affecting the shoulders, arms, and hands, resulting in numbness, weakness, or paralysis. It can occur if medical professionals exert excessive force during delivery.
Spinal Cord Injuries
Injuries to the spinal cord may lead to numbness and paralysis. These injuries can occur if doctors pull too hard on the baby’s neck or head during delivery or fail to diagnose and treat conditions causing spinal cord damage.
Brain Damage
Babies may suffer brain damage due to oxygen deprivation during birth, head trauma, or maternal infections. These injuries can range from mild to severe, with some resulting in conditions like cerebral palsy.
Other Injuries
Experienced birth injury lawyers handle various other preventable birth injuries, including Caput succedaneum, Cervical dystonia, C-section injuries, Infant torticollis, Intrauterine fetal demise, Kernicterus, Klumpke’s palsy, Maternal infections, Meconium aspiration syndrome (MAS), Newborn cephalohematoma, Newborn jaundice, and Vacuum extraction injuries.
If you suspect that your child’s injury resulted from negligent care, reach out to one of our registered nurses to explore your options further.
Birth Injuries and Medical Malpractice
Many birth injuries are preventable and often arise from medical negligence. Healthcare professionals have a duty to provide a high standard of care, and failure to do so can constitute medical negligence or malpractice. Examples of birth injury medical errors may include:
- Failing to diagnose infections in the mother or baby
- Inadequate monitoring before, during, and after birth
- Improper medication administration
- Incorrect use of forceps or vacuum extractors during delivery
- Excessive force during delivery, causing physical harm
Families affected by injuries due to medical negligence may endure years of financial and emotional hardship. Birth injury attorneys firmly believe that the medical team responsible for delivering your child should be held accountable for their negligent actions.
What to Expect When Working With a Birth Injury Lawyer
Your birth injury attorney will vigorously pursue your case to secure the maximum compensation in the shortest time frame possible. While each case is unique, most birth injury lawsuits follow a standard procedure:
Contact and Investigation
Upon contacting a lawyer for a free case review, the attorney will initiate an investigation to assess the facts presented and determine the validity of your claim.
Filing
If the attorney deems your case viable, a lawsuit will be filed against the defendant, typically the healthcare professional responsible for delivering your baby.
Discovery
Both your attorney and the defendant’s attorney will gather evidence and information to support their respective cases.
Mediation
With the assistance of a third-party mediator, such as a judge, each party will present evidence to reach a fair resolution and avoid a trial.
Settlement
If your attorney successfully demonstrates that your child’s injury was preventable, the defendant is likely to propose a settlement to avoid a trial.
Trial
If an out-of-court settlement proves unattainable, the case will proceed to trial, where both parties present their arguments to a judge. While some settlements occur during the trial, if this isn’t the case, a judge or jury will determine the verdict.
How Long Will an Attorney Work On My Case?
A birth injury attorney will remain dedicated to your case throughout its entirety. The timeline for a birth injury lawsuit’s resolution can vary. Some cases may be settled within a few months, while others may extend for several years. Many birth injury lawyers recommend settling outside of court to expedite compensation delivery, as the trial process can prolong the lawsuit and may not guarantee compensation if the judge rules in favor of the defendant.
Choosing the Right Attorney
Selecting the right birth injury attorney is crucial. Look for an attorney who has a proven track record of helping clients secure compensation for their child’s preventable injuries. Take your time researching and choose an attorney with experience and resources, as this significantly increases your chances of winning compensation to cover your child’s birth injury treatment.
Consider the following factors before hiring a lawyer:
Experience
Work with a lawyer who has successfully handled cases similar to yours. An attorney with prior experience in birth injury claims is more likely to effectively prove your case.
National Reach
Attorneys working at national birth injury law firms can assist you in filing your claim in the most suitable state for your specific case. The ideal state for filing may not necessarily be your home state. National birth injury law firms are dedicated to maximizing your potential compensation and tailoring their approach to your case’s requirements.
No Upfront Fees
Reputable birth injury lawyers offer free case evaluations and don’t charge upfront fees. Most birth injury attorneys only collect fees if you win your case and receive compensation.
Resources
Top birth injury attorneys have access to comprehensive medical databases containing evidence to bolster your claim. National law firms often employ medical experts, including nurse case managers and other healthcare professionals, who can leverage their expertise and resources to demonstrate that your child’s birth injury was preventable.
Find a Birth Injury Attorney Near You
If your child has endured a preventable birth injury due to medical malpractice, consider seeking assistance from an experienced birth injury attorney. Skilled attorneys across the country are ready to help you pursue justice promptly.
Birth Injury Attorney FAQs
When should I contact a birth injury lawyer? Skilled birth injury lawyers can investigate your case and file your claim promptly within your state’s statute of limitations. This law establishes a time limit for taking legal action. A birth injury attorney ensures your claim is filed within the stipulated deadline. If you are contemplating a lawsuit, reach out to a birth injury lawyer as soon as possible to determine whether the statute of limitations for your case may have expired.
How much do birth injury lawyers cost? Personal injury lawyers typically do not require upfront costs or fees and operate on a contingency basis. You will only be required to pay your birth injury attorney if your lawsuit is successful and results in financial compensation.
How much does my lawyer receive from my settlement? Your birth injury lawyer typically receives a small percentage of your settlement or trial verdict earnings. Before entrusting them with your case, inquire about their fee structure, including whether they charge a fee in the event your case is unsuccessful.
How much compensation may I receive? The compensation amount from your lawsuit can vary, as each case is unique. Experienced birth injury lawyers can assess the future costs of caring for your child, influencing the value of your case. Your attorney will advocate for the highest possible settlement or trial verdict award.
How can I determine if my child’s birth injury resulted from malpractice or negligence? Identifying the exact cause of your child’s birth injury can be challenging. An experienced birth injury attorney can investigate your case, gather evidence such as medical records, and determine whether your healthcare provider may be responsible for your child’s injury.
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