If you’re the parent of a child who was injured during birth, it can be difficult to know what to do. You might not have any idea how to hire birth injury lawyers who will understand your situation and help you get through this tough time. The good news is that birth injury law firms are here for you. They specialize in helping families like yours get the care and compensation they need after a birth injury.
Hiring an experienced birth injury lawyer from a birth injury law firm can help you receive the care and compensation you deserve if your child was injured during birth. If you believe that your child’s birth injury was caused by medical negligence, an experienced birth injury attorney can help you file a claim and get the care your child needs.
What Can Our Birth Injury Attorneys Do for You?
Our birth injury attorneys will offer a free consultation before you begin the birth injury claims process. A birth injury lawyer can meet you at our office or at a convenient location near you.
We will learn more about you during the consultation. We will ask you questions such as when and how long ago it was that you suspected that there had been a birth injury. We will also want to know how the injury impacted your child’s life and the lives of your family.
Our legal team can immediately begin working on your case if we agree to collaborate. Our birth injury lawyers offer our clients the following:
Investigating Birth Injury Cases
A release may be required to allow us to access and analyze your medical records during pregnancy, delivery, and postnatal care. Witnesses who have information about the incident may be interviewed.
Consult with a Medical Professional
Independent medical experts will examine your case and help determine if a doctor or midwife failed to provide the required standard of care. Experts will be consulted to determine the damages you should seek in your case.
Making a Settlement Demand
After we have prepared your case thoroughly, we may submit a first settlement demand to the malpractice insurance company of the medical care provider. A case can be settled if liability and damages cannot be disputed.
File Birth Injury Lawsuits
We can file a complaint at an appropriate Circuit Court or Federal District Court if we cannot reach a pre-litigation agreement. Once a lawsuit has been filed, discovery is the formal evidence-gathering phase. Throughout this stage, we can continue to discuss settlements.
Bring Your Case to Trial
It may be in your best interests to take your case to court if liability or damages are being contested. Our experienced trial lawyers will present your case with the strongest possible arguments, including expert witness testimony and professionally prepared exhibits. Remember that a settlement can be reached during a trial, or after a verdict has been returned.
Collect Your Financial Compensation
We will quickly collect the funds due to you and resolve any liens attached to your recovery if a settlement is reached or a verdict is rendered in your favor. If we are not able to reach a settlement or verdict for you, there will be no legal fees or costs incurred by you when you work with professional law firms dealing with birth injuries.
Types of Birth Injuries
Three out of every 100 births result in a serious birth injury. Sometimes, oxygen deprivation can occur during labor and delivery. The umbilical cord can become twisted or compressed, or the baby might be too big to pass through the birth canal.
Many birth injuries, particularly to the brain, can be caused by a medical mistake made by doctors, hospitals, or other medical professionals during delivery, where birth injuries happen and result in an injured child with birth trauma.
Birth injuries can be caused by medical errors such as:
- Failure to recognize and address pregnancy problems, such as infection, pregnancy-induced hypertension, or gestational diabetics
- Giving prescription medication to a mother that has dangerous side effects
- Failure to immediately respond to bleeding, umbilical cord entanglement, or fetal distress
- Delayed the Cesarean section (or C-section) even if dire issues arise
- Premature delivery complications
- Use a vacuum extractor, forceps, or another device in an inappropriate way
- Inadequate monitoring of the baby’s health immediately after birth
- Mistaken medication or the incorrect dosage or type of medication
- Miscommunications between nurses and doctor
Medical malpractice could have contributed to your child’s birth injury if any of these events happened before, during, or after your child’s labor.
You can pursue fair and full compensation for your child’s injuries by taking legal action. A legal claim can also bring attention to issues and force hospitals or medical professionals to make necessary changes to prevent future birth injuries.
Negligence in Using Vacuum Extractors and Forceps
Sometimes, it is necessary to provide assistance for the birth of an infant. The obstetrician might use forceps or a vacuum to extract the baby in these situations.
These devices can increase the chance of an infant suffering an injury during birth, particularly if negligence or carelessness is involved. Vacuum extractors and forceps increase the risk of:
- Skull fractures
- Skull malformations
- Brain damage
- Fetal stroke or seizures
We deal with a lot of birth injuries cases that involve the use of forceps and vacuum extractors.
Forceps should not be used if the baby is not moving past the midpoint of the birth canal or if the baby has his shoulders and arms leading the way through it.
The baby could also be at greater risk for injury if it is not able to fit through its pelvis because of its size (or that of the pelvis).
Who Pays for Liability and Birth Injuries?
It is crucial to understand how a birth-related injury occurred in order to file a civil case. To be eligible for compensation, a birth injury lawyer must prove negligence. If one of these events occurred, a doctor or medical facility could be sued.
- During the delivery process, forceps could cause harm to the baby
- An improper vacuum was used to remove the baby
- Inadequate action to perform a cesarean delivery
- Actions that delay oxygen delivery to the baby
Negligence can also be present before birth, as in:
- Failure to perform standard and specialized tests, if necessary
- Failure to monitor the baby’s status and position.
- Infections and other pregnancy-related conditions can be missed if they are not treated promptly.
These are just a few examples of possible negligence. A lawyer can review your medical records and photos, as well as speak with other witnesses to the birth. These documents can help them identify all responsible parties.
There are some complications that can occur during birth, but these errors can be avoided. If these errors are not corrected, a child suffers preventable birth injuries. Our medical negligence lawyers can help you if your doctor made a mistake that could have a lasting impact on your baby’s life.
How Long Do You Have to File a Birth Injury Claim?
A birth injury lawsuit can be considered a form of medical malpractice. A medical malpractice lawsuit must generally be filed within two years of the date of the negligent act, omission, or injury. The claim cannot be filed more than four years following the negligent act or neglect. This is known as the statute of limitations. Other rules could apply to your child’s case.
Potential Compensation for Birth Injury Damages
Your child’s birth injury can cause shock and result in additional financial costs. These problems are not permanent as your child may need to receive extensive and costly care for the rest of their lives.
It can be difficult to balance caring for special needs children and your career. Your income and position can be affected by the number of doctor’s visits and absences for related reasons. Our birth injury lawyers often fight for your recovery.
- Medical Expenses: Both past and future medical expenses as well as medical care requirements such as doctors, surgeons, physical, and occupational therapy.
- Disability Costs: The cost of disability costs, such as powerchairs, home modifications, and more, are included.
- Special Education: Special education costs for children with cognitive disabilities. The child’s brain may be affected if the child suffered birth injuries.
- Payouts lost: The income you lost because of your child’s medical procedures, appointments, and needs.
You cannot predict how your case will turn out. With a member of our team on your side, we can pursue justice and compensation for you and your child. We are able to handle aggressive insurance adjusters that may be reluctant to pay you the rightful compensation for medical malpractice. Our team is familiar with state laws regarding cases involving medical negligence and birth injuries. Do not talk with insurance adjusters who push you.
Take Action for Your Baby’s Birth Injuries
Any potential birth injury lawsuit requires quick action. You may not see the full impact of your injury until years later. If you suspect that something is not right and that the injury resulted from negligent medical care, contact our office immediately.
You can keep track of the first signs and symptoms by recording your concerns. Our team can help you understand the statute of limitations to file a civil suit.
Many cases involving severe injuries suffered by a baby will settle out of court. Your lawyer will not negotiate a fair settlement. They will go to trial. Take legal action right away.
Your lawyer will determine whether your case is within the time limit. With us at your side, you aren’t alone. Our staff is compassionate and ready to assist you. We treat every client with the respect that they deserve, from our front desk staff to our legal team.
Why Work With a Birth Injury Law Firm
Proper medical care could have prevented many birth injuries. Birth injuries can be caused by a doctor’s error before, during, and shortly after delivery. Medical malpractice is when a doctor makes an error that could have been avoided.
You may have placed your trust in your medical team throughout your pregnancy and your child’s birth to ensure your baby is as safe as possible. They can be held responsible if they fail to do so.
Your legal team will help you to file a claim against a law firm that specializes in birth injuries. They will prove that your child was injured due to medical negligence or malpractice, and seek compensation for your damages.
You can hold medical professionals responsible for the mistakes they made and get justice for your child’s injuries. This may help you prevent other families from going through what your family has.
Hire a Birth Injury Lawyer Near You
Families can be financially and emotionally devastated by birth injuries. A birth injury lawsuit is an important step for families. These lawsuits may be used to cover the high cost of birth injury treatment. This could help to reduce the emotional stress in a family.
Having a top birth injury lawyer with a proven track record of success on your side, your birth injury claim will be processed and handled faster and better.
FAQs about Birth Injuries
When Is the Best Time to Contact a Lawyer About a Case Involving a Birth Injury?
If you believe that your child has suffered from a birth injury, it is important to contact an experienced law firm immediately. We may be able to help you even if your child has not received an official diagnosis.
Registered nurses with years of experience in labor and delivery can help you understand the situation. We may be able to help you if a medical professional made mistakes that contributed to the condition of your child.
What Types of Birth Injuries Could Be Grounds for Legal Action?
Many birth injuries could have been avoided. You might be able to hold your healthcare provider responsible for negligent care that led to a birth injury.
A few common conditions that can result from birth injuries are as follows: cerebral palsy, brachial plexus injuries, brain injuries, Erb’s palsy, Brain damage in infants (often due to fetal distress i.e. lack of oxygen or oxygen deprivation), nerve injuries, and even skull or bone fractures.
What Is the Minimum Time I Must Contact a Law Firm for a Birth Injury Case?
There is a limit to the time you have to file legal action regarding birth injuries. It’s crucial to get in touch with a law firm as soon as possible. These legal deadlines, also known as statutes of limitation, can vary from one state to the next and can be hard to find on your own. To learn more about your legal options, request a case review.
What Is the Cost of Working With a Law Firm That Specializes in Birth Injuries?
Many lawyers work on a contingent basis. This means that they don’t demand an upfront fee. Only if your case succeeds, do lawyers get paid.
What Is the Average Time It Takes for a Lawsuit to Come to a Settlement?
It is difficult to predict how long it will take for your lawsuit to be resolved through settlement or trial. The time it takes to resolve a birth injury case can vary from months to years depending on the facts.
Our lawyers will resolve your case as quickly as possible and will keep you informed throughout the legal process.
What Is a Birth Injury Law Firm?
Birth injury law firms are law firms that specialize in helping families who have children with birth injuries. These law firms can provide you with the resources and support you need to get the care and compensation your child deserves. They can also help you file a claim against the doctor or medical staff who caused your child’s birth injury.
How Can Birth Injury Law Firms Help You?
Birth injury law firms can help you in a number of ways. First, they can provide you with the care and compensation you deserve if your child was injured during birth. Second, they can help you file a claim and get the care your child needs. Third, they can provide you with support and guidance throughout the legal process. Contact a birth injury law firm today to get a free case evaluation.
What Are Some of the Services That Birth Injury Law Firms Offer?
A birth injury attorney offers a variety of services, including helping you understand your legal rights, filing a claim on your behalf, and representing you in court. They can also help you file the appropriate documentation and negotiate a settlement with the insurance company. If your child was injured during birth, contact a birth injury law firm today for help.
How Do You Know if You Need to Hire a Birth Injury Lawyer?
If you believe that your child’s birth injury was caused by medical negligence, you may need to hire a birth injury lawyer. There are several signs that you may need legal assistance, including if you have been denied coverage or benefits by an insurance company, if you have been asked to sign a release or waiver, or if the hospital or doctors are not willing to cooperate. If you have any doubts, contact a birth injury law firm for a free consultation. They can help you decide if hiring an attorney is the right step for you.