A child’s birth can be an emotionally traumatic event for many families and can leave a long-term scar. A medical injury to your child may leave your child disabled for his/her entire life, as well as cause him/her tremendous pain and suffering. In this case, you should hire a Birth Injury Attorney.

It is vital to have an experienced birth injury attorney by your side if this happens. You will certainly need to cover the costs of your child now as well as in the future. Getting the money you need following a traumatic birth injury may be possible with the help of a Birth Injury Lawyer.

Why Do You Need A Birth Injury Attorney? – Why Do People Hire A Birth Injury Attorney?

Birth Injury Attorney

The medical injuries suffered by your child could result in permanent disabilities, along with a lifetime of suffering. It is vital to have a birth injury lawyer on your side in such a situation. In the future, it may be necessary for your child to have considerable financial resources.

Even though it is not necessary for you to hire an attorney to handle your personal injury case, it would be wise to do so. Therefore, what are the benefits of hiring a personal injury attorney to represent you?

You do not have to overcome the effects of your baby’s injury alone if it occurred during childbirth. It may be possible to seek compensation for your child’s injuries through the help of a birth injury lawyer, and his or her legal knowledge can help you.

Negligence can cause birth injuries for many reasons.

The following are common reasons:

  • Fetal distress not responded to promptly
  • Injury during delivery
  • Injuries caused by forceps, vacuum extractors, etc.
  • Cesarean Section Delayed
  • Fetal distress is delayed by delayed response

It is crucial for the doctor and nurse to monitor both the mother and the baby closely during labor and delivery. Medical teams may miss signs that the baby is in distress if they do not monitor the baby closely during labor. Distressed babies may suffer oxygen deprivation. Consequently, brain injuries may occur. 

In cases involving brain injuries or brain damage, or if a child has been diagnosed with Cerebral Palsy, a Birth Injury Attorney may be able to determine whether medical malpractice caused the injury.

Injury during delivery

While the mother and baby are in labor, a medical team must perform numerous examinations. They are designed to detect possible delivery problems. The risk of an injury occurs when a baby is too large or when a mother is not moving through labor quickly enough. The baby may also suffer an injury during delivery if the baby is not positioned properly or if the baby is in a breech position.

Vacuum extractor or forceps-related injuries

A doctor may use tools to safely extract a baby if it becomes stuck in the birth canal. The tools include vacuum extractors and forceps. If done correctly, assisted deliveries should not cause harm. It is possible, however, to cause brain bleeds, fetal skull fractures, or other injuries when the procedure is performed incorrectly.

Delivery by C-section after a delay

A doctor must decide whether to perform a vaginal delivery or a cesarean delivery (C-section) if the baby becomes distressed during labor. The baby may suffer serious and irreparable harm if doctors delay making the decision to conduct a C-section. If a C-section is delayed, the baby may not receive enough oxygen, which may result in brain damage, Cerebral Palsy, and other serious medical complications.

Frequently Injured During Childbirth
  • Medical malpractice or birth errors are common causes of birth injuries.
  • Hypoxic-Ischemic Encephalopathy (HIE)
  • Diagnosing and treating cerebral palsy
  • Injury to the brachial plexus
  • Erb’s Palsy
  • Hemorrhaging intracranial
  • Broken skulls in fetuses

Reasons To Hire A Birth Injury Attorney

Reasons To Hire A Birth Injury Attorney

1. PROFESSIONALS 

Physical and emotional pain can result from a personal injury. You may be unable to bring objectivity to your case due to the pain and suffering caused by your injury. It may be difficult to stick to the facts when you are feeling emotionally involved.

You should only speak to an accident lawyer if you have facts to support your claim. You’ll get the settlement you deserve with their expert perspective on your case. Without focusing on immaterial details, they will fight for you.

2. ADVANCED NEGOTIATION SKILLS

The other party will be doing their best to get you as much compensation as possible when it comes to negotiating compensation. They probably have an insurance agent or a lawyer to handle this for you. 

You can’t hold your own against these professionals, since they are trained to drive hard bargains.

It is possible to be persuaded to accept an inadequate settlement for your injuries even when the other party is at fault for your injuries.

 It is important to remember that they are watching out for their client’s best interests, not yours.

Having a lawyer on your side will ensure that you receive full compensation.

3. GET THE MEDICAL ATTENTION YOU NEED WITH THEIR ASSISTANCE

They can help you get quality care if you contact them promptly after your injury. 

Medical practitioners they know might be able to treat you for your injuries.

In addition to ensuring fast recovery, the right medical team can also help you obtain the maximum compensation for your injury. If your case goes to court, your doctor can serve as a witness.

4. YOU CAN GET OPTIONS AND HELP CHOOSE THE BEST ONE FROM THEM

It can take time to file a personal injury claim if you don’t know what you’re doing. In general, you have two options. 

  • A personal injury lawsuit can be filed or an insurance claim can be filed.
  • You should consider court action as a last resort, as it can take time for a court to decide your case. 
  • In the event that the defendant refuses to admit responsibility for your injuries, it may be your only option

In addition to advising you on the course of action to take in your particular case, a personal injury lawyer will also take court action for you.

5. THEY CAN HELP YOU WITH LITIGATION

If you are denied compensation by the offending party, the next step would be to take legal action. 

A court case can turn the tide against you even if your claim is valid, especially if the other party has a lawyer while you do not.

You can even the playing field by hiring a personal injury attorney. Legal representation is also possible, so you can get the most out of your claim. A lawyer will help you compile all the evidence needed in court.

 3 Factors To Consider When Choosing A Birth Injury Attorney

Finding the right childbirth injury lawyer can be stressful if you or someone you care about has suffered a recent injury during childbirth. The following guidelines will help you find an experienced and caring attorney who will do everything possible to get you the compensation that you deserve.

  • Expertise

Your best option is to hire an attorney with experience in similar cases to yours when it comes to birth injuries. Inexperienced lawyers may not know how to effectively present your case.

  • National Reach

You will have a better chance of winning your case by working with attorneys who have experience at national birth injury law firms. 

Your claim can be filed in the best state to maximize your chances of winning. If you want to sue, your home state may not be your best option. As they have handled cases in different states, they can advise you which state to file your lawsuit in. Your rights will be protected and they will ensure you get the compensation you deserve

  • Upfront fees are not charged

Before you settle for a lawyer to assist you in your case, please find out how they charge for their services and settle for one who will not charge you upfront fees. Reputable birth injury attorneys will evaluate your case first at no cost, and they will not charge you any upfront fees. The majority of them will charge after you win your case; that is when they will get a percentage of the entire amount that you will be compensated. Before you sign a contract with an attorney, please inquire about the service rate amount to know what standard rate they will charge you after representing you successfully.

Conclusion

As a final step, it would be best to ask your prospective attorney about their previous record of successfully representing clients. If they’ve failed in cases like yours, that would indicate their service won’t be beneficial to you. You may be able to find a newer lawyer with cheaper rates, but the risk of having them represent you in the case of your child’s well-being may not be worth it, so be careful.

Guide To Finding A Birth Injury Lawyer

Guide To Finding A Birth Injury Lawyer

In any family, children are a blessing. Children make us happy. Even so, you shouldn’t suffer during the process of becoming a parent. Particularly, do not let birth injuries and trauma hold you back. 

Accidents do happen. That is not to say that your childbirth doctor should get away with negligence. An attorney can represent you in court if you are facing a childbirth injury claim. 

Having a child is a complicated process. Trying to do it alone is hard.  The best thing you can do is hire a lawyer to represent you in court. A good lawyer is familiar with the law of childbirth injuries. Online, however, there are many lawyers offering their services.  For this reason, it may be difficult to choose the right lawyer. This guide will help you locate a childbirth lawyer.

It is also possible for childbirth injuries to lead to expensive lawsuits. Childbirth injuries are often complex to prove. There are a number of things to consider.  Therefore, not all legal experts are capable of handling them. A medical malpractice lawyer might be able to help you in this situation. Any lawyer can handle medical malpractice cases. But an experienced lawyer can do the best job for you.

Legal focus

Ask the lawyer about his/her area of focus. Choose a lawyer who focuses on childbirth cases. Try to establish what that lawyer studied in college. What was his/her area of specialization? A lawyer who specializes in childbirth cases knows how to collect evidence, represent you before a court of law, and get you the best compensation. They have in-depth knowledge when it comes to litigating childbirth injuries.

Childbirth lawyers and medical professionals

Of course, all childbirth injury lawyers should be familiar with medicine—especially when it comes to obstetrics and neonatal care. However, it’s important for them to work closely with all the concerned parties. In particular, they should closely work with medical experts when handling childbirth-related lawsuits.

Experience

What is the attorney’s experience? Does he/she have experience in dealing with childbirth-related lawsuits? What’s his/her success rate? How many cases has that lawyer handled in the past? These are the questions you should answer before hiring a lawyer. Remember, an experienced lawyer is likely to deliver more results than his/her inexperienced counterpart.

Check reviews Online

You can get a rough idea of a lawyer’s performance from reviews. If possible, take your search online. You can read some reviews online. Find an attorney who has received positive reviews. Stay away from attorneys who have a lot of negative reviews. You will be disappointed and frustrated if you hire them.

 Online, you can find a number of sites that review lawyers. Check them out. A good lawyer will receive positive reviews from happy clients. Negative reviews, on the other hand, will not be shunned by unhappy customers. You can thus learn a lot about your prospective lawyer by reading reviews.

Feedback

Check out the feedback. Request to see the lawyer’s past reviews. Take a look. Your lawyer will be able to give you an idea of what to expect. You will also understand how the case will proceed.

Recommendations

You should ask your trusted circle of friends for referrals. Your family can provide good recommendations. You can also request referrals from friends and colleagues. Your attorney may also refer you to trustworthy professionals. In the end, you must select a lawyer who guarantees you results.

Ask questions

You should also ask questions besides reading reviews. Ask questions when you can.

  • When did you begin practicing? 
  • What is the number of cases you have handled? 
  • Is my case going to be handled by you? 
  • How will this case affect me? 
  • Would it be possible for me to assist you in any way?
  • How much does it cost to pursue the case to its conclusion? 
  • Is it necessary to appear in court in person? 
  • When a case fails, what happens? 
  • Would you like me to provide you with any evidence?
Education background

Look at the educational background of that lawyer. Choose a lawyer with a strong educational background. Where did he/she study law from? Is that college accredited? Does it offer quality education? What’s the reputation of that college? These questions should guide you when looking at the educational background of that lawyer.

See what kind of education that lawyer has.

Before hiring a childbirth injury lawyer, you should not only consider the cost. Nevertheless, it is an important factor to consider. Consider how much the attorney will cost. Is it affordable? A high-end lawyer will cost more than an average lawyer, but they are less expensive. Pick an attorney within your budget. Quality should never be sacrificed for cost. In addition to finding the cheapest options, check the quality of services the attorney offers.

Licenses

Law is a sensitive profession. All lawyers are required to obtain licensing before practicing. Thus, it’s wise to look for a lawyer who is licensed. All lawyers are required to register themselves with a professional body. They are held accountable for this. In addition, quality services are ensured by this.

Fees

Check out the fee structure of that lawyer. A contingency fee lawyer is the best choice. Never pay a down payment to a lawyer. They can stop handling your case at any time if they feel the need to do so.

Determination

It is important for your lawyer to be determined to win your case. You should also consider determination when choosing your lawyer. Past clients are a good source of information about a lawyer’s determination. Their experiences can help you gauge how determined they are.

Key Takeaway

Your childbirth injury lawsuit shouldn’t be handled by just any lawyer. Make sure you hire an experienced attorney. You’ll find a wide range of lawyers on the market. Some cannot handle childbirth injury cases.

A lot depends on experience. Choose a lawyer who is realistic about your case. Don’t select lawyers who are out to just do business with you. An honest lawyer will tell you the truth about your case. You should not be given false hope by a lawyer. He or she should be practical regarding your case.

The bottom line

Choosing a Birth Injury Attorney is not a simple task. Choose carefully. Pick a top-rated attorney. Make sure the attorney has enough experience. You should hire a childbirth injury lawyer with extensive experience in childbirth injury cases. Use the guide above to find an attorney with extensive experience in childbirth injury cases.

Important Evidence In Birth Injury Cases

It may be obvious to you what caused your baby’s birth injury. The insurance company or the court has to agree that someone else’s negligence caused your child’s birth injury before your child can seek compensation.

A court or insurance company will need evidence to believe:

  • You have a legal duty to make sure your child is cared for by your doctor, nurse, or hospital
  • This duty of care was breached by a doctor, nurse, or hospital who did not act reasonably
  • Your child was injured because of a breach of duty of care
  • There is a right to compensation for your child
  • Can You Get A Birth Injury Settlement Without Evidence?
Results of the test.

You may be able to obtain evidence from the ultrasound and blood test results that you had during your pregnancy.

Medications

Medical records may detail pregnancies, deliveries, and labor.

Observations from SBARs.

Medical professionals who are treating patients keep SBAR notes as written reflections. The notes are intended to encourage physicians to communicate with one another. Medical records are not included in them, and often they are destroyed. These studies can, however, be useful in cases of birth injuries when they are available.

Testimony of witnesses.

Your child’s medical provider or hospital worker, as well as any other witness who witnessed your child being treated at the appropriate time, may have important information to share. You may be asked for sworn statements through interrogatories or through a deposition.

Personal records.

Information about an employee’s education, work experience, complaints, and past discipline issues should be included in their employment records.

Expert witness testimony

A doctor, nurse, or pediatrician who has specialized knowledge of labor and delivery may be able to provide important insight into the level of care that should be provided during labor and delivery and what actions or inactions may have led to the occurrence of a birth injury. 

Depending on the care your child requires, other experts can explain how your child’s life will be in the future.

A doctor, nurse, or hospital may not be willing to provide you with some of this evidence, because it is not automatically available to you. Through the legal discovery process, you can obtain the evidence you need. Depending on the discovery rules, your lawyer may take depositions write interrogatories, or otherwise obtain documents relevant to your case in accordance with the rules of discovery.

A Method for Proving a Birth Injury Occurred

You will need to show by a preponderance of the evidence that the doctor, nurse, or hospital was negligent in causing the injury since birth injury lawsuits are considered to be civil cases.

  •  By a preponderance of the evidence, we mean that the cause of your child’s birth injury is likely to have been negligence or malpractice as opposed to any other cause.
  • A simple presentation of evidence to an insurer or a judge or jury won’t suffice to convince the insurer, judge, or jury that a birth injury occurred. 
  • To prove negligence, you must instead use the evidence.
  • When dealing with a birth injury lawsuit, an experienced attorney knows what evidence to gather and how to use it persuasively. 
  • Your child’s case will be reviewed by our attorneys and nurse. As the attorneys for children who have suffered birth injuries, we will gather the evidence needed to present convincing arguments in order to fight for your child’s fair recovery of damages.
FAQs
What are your legal rights if you suffer a birth injury?

Yes. Medical malpractice may be responsible for the birth injury suffered by your child if you believe it was caused by the hospital or doctors who delivered the child. To prove direct responsibility for your child’s injuries, your lawyer must find out who delivered your child.

How much does the average birth injury settlement cost?

In malpractice cases for birth injury, the average settlement payment is $405,000 to $494,000. This is slightly below the median. Birth injury cases that go to trial typically result in a verdict of $1.6 million. In some states, the average number of birth injuries and general medical maltreatments is higher or lower than in others.

When can you sue following a birth injury?

The statute of limitations for filing a medical malpractice lawsuit extends to one year for mothers injured during childbirth. A medical malpractice lawsuit must be filed within one year of becoming an adult in California.

When do I need to contact a birth injury attorney?

An experienced birth injury lawyer should be contacted as soon as possible. You should contact a birth injury lawyer as soon as possible since each state has a statute of limitations. There are time limitations that set a deadline for filing a lawsuit. It is impossible to sue or get money if you fail to file within the time frame. A birth injury lawyer can help you ensure you file within the legal deadlines in your state.

What is the cost of hiring a birth injury lawyer?

Typically, personal injury lawyers don’t charge up-front fees nor do they charge upfront costs. In the event that you win your lawsuit and are awarded financial compensation, your birth injury attorney will not charge you anything.

How to locate a good Birth Injury Attorney?

Find a malpractice lawyer who is highly specialized in order to know how to find a good one. It’s a good idea to do some research before looking for a birth injury attorney near you. You’ll find plenty of options through an online search for “birth injury lawyer near me.”. However, it’s important to find out exactly what you need in an attorney.

Author

LLM, Harvard University Legal Consultant

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