Birth injury lawyer are a subset of personal injury lawyers that assist in the pursuit of legal justice for infants who have suffered injuries that may have been avoided.
Many birth injuries are serious, and children can be physically and/or intellectually impaired for the rest of their lives. In many circumstances, long-term treatment may be required to manage symptoms.
Unfortunately, some families are unable to cover medical costs. According to research, around 40% of families struggle to cover the costs associated with their disabled kids.
Fortunately, a Cleveland birth injury lawyer can seek compensation on behalf of a family to cover the cost of lifelong therapy. If a newborn is harmed, lawyers can hold negligent health care providers liable.
Lawyers for birth injuries can help with:
- Make a case against the doctors or nurses who gave birth to the baby.
- In the relevant court of law, file the case.
- Gather proof, such as witness testimony and medical records, to back up your claim.
- Assist families in obtaining financial compensation
In some birth injury cases, families who have suffered serious birth injuries are awarded millions of dollars.
Medical Malpractice and Birth Injuries
While each situation is unique, adequate medical care could have prevented some birth injuries.
Medical personnel has years, if not decades, of experience in childbirth. They should know how to prevent birth injuries and the harmful conditions that can lead to them in a safe manner.
Unfortunately, healthcare personnel occasionally make easily avoidable errors that result in birth injuries. It could be deemed medical malpractice if this happens. Through a lawsuit, birth injury lawyers can hold medical personnel accountable for their negligent conduct.
During childbirth, the following situations may be considered medical negligence:
- Failure to keep track of fetal distress signs
- Maternal infection is not being monitored or treated.
- Failure to recognize or treat an oxygen deficiency (asphyxia) or a shortage of oxygen to the brain (hypoxia)
- Failure to perform a C-section when one is required (cesarean section)
- Use of delivery instruments like forceps or vacuum extractors incorrectly
- As the kid exits the birth canal, excessive or unneeded force is applied to the child’s head, neck, shoulders, or arms.
Your birth injury lawyer can assist your family to receive compensation by proving that your child’s injury was caused by medical negligence in a court of law.
What Kinds of Cases Do Birth Injury Attorneys Handle?
Personal injury, wrongful death, and medical malpractice lawsuits are all handled by birth trauma attorneys. These attorneys represent families who are pursuing claims for a variety of birth injuries.
The following are some of the cases that birth injury lawyers handle:
- Damage to the brain
- Cerebral palsy is a condition that affects the brain.
- Brachial plexus damage or Erb’s palsy
- Hematoma in a baby
- Fetal death in the womb
- Kernicterus
- Jaundice that is severe
- Injuries to the spinal cord
A Ohio birth injury attorney can examine your case to determine whether you are eligible to take legal action for your child’s injuries. They can then start putting together a case to receive compensation for medical costs and other expenses.
A formal diagnosis is not required to receive a free consultation with a lawyer. If you’re not sure if you’re eligible, our team of registered nurses and patient advocates can help.
What to Look for in a Lawyer for a Birth Injury
When choosing a birth injury attorney, make sure you are comfortable with them and that you trust them to do everything possible to assist you to win your case.
You are not required to hire the first lawyer you speak with. To guarantee that your claim is in excellent hands, select a birth trauma lawyer who has the necessary skills and experience.
Find out what makes a good birth injury lawyer in the next section.
- Experience
It’s critical to consult with a lawyer who has experience handling instances similar to yours. If your lawyer has never handled a birth injury case before, he or she may not know how to secure the most money feasible in your case.
Working with a skilled attorney who specializes in birth injury cases might increase your chances of receiving financial compensation.
- Reach across the country
Many birth injury attorneys work for large law companies that handle cases all throughout the country. These law firms have local offices to assist families from all throughout the country.
Nationally recognised birth trauma lawyers are also familiar with the statutes of limitations in each state, ensuring that your lawsuit is filed on time.
- There are no upfront costs.
There are no upfront fees for top birth injury lawyers. A skilled birth trauma attorney will provide you with a free case examination and work on a contingency fee basis, which means they don’t get paid unless you win your claim.
- Resources
To help you enhance your claim, birth injury lawyers have access to essential resources such as medical databases.
Nurse case managers, medical experts, and other experienced staff members can help prove that your child’s brain injury might have been avoided with proper treatment from healthcare providers.
What to do while contacting a birth injury attorney?
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MAKE THE FIRST CONTACT
When you call a firm to connect with a birth injury attorney, the first thing a secretary will do is take down your contact information and begin gathering information. She may ask you basic questions about your pregnancy, any medications you were taking, any difficulties that occurred throughout the pregnancy, and the delivery itself, as well as anything else that comes up.
After that, the secretary will forward the material to a birth injury lawyer. The attorney will go over the secretary’s notes attentively in order to get ready to speak with you. This is a crucial step since the attorney wants to be as helpful as possible while speaking with you over the phone.
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INTERVIEW WITH AN ATTORNEY
The attorney will then call you back to go over what transpired. The lawyer may ask a number of follow-up questions to get a better understanding of the specifics of your pregnancy and birth.
The attorney will decide whether to refer you to other resources or to investigate your child’s injuries further based on that initial meeting. Unfortunately, an attorney can only accept a case if there has been a preventable medical error–but a birth injury attorney can still refer you to numerous helpful resources in any circumstance. You can ask and meet a lawyer in person.
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INVESTIGATIVE
If the attorney believes there was a preventable medical error, the next step is to conduct a thorough investigation. The lawyer may contact the hospital or the medical personnel who assisted you during your labor and delivery to obtain additional information. The attorney may, for example, request further medical records for both the mother and the infant. To evaluate the records for proof of a preventable medical error, the attorney may consult with medical specialists and experts. Whether or not a preventable medical error is uncovered, the attorney will stay in touch and do everything she can to assist you.
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FILE A LAWSUIT FOR BIRTH INJURY
If proof of a preventable medical error is revealed during the early stages of the investigation, a lawsuit is frequently filed. The attorney can then perform what is known as “discovery” after filing a case. The legal term for the official procedure by which an attorney might delve deeper into the circumstances surrounding the accident to determine if the birth harm was caused by a preventable medical error is discovered.
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MEDIATION
During or after the discovery process, many cases come to a conclusion. If a dispute does not settle at this time, mediation is generally the next step. Both parties will meet and present their cases to an impartial mediator during mediation. The mediator will attempt to assist the parties in reaching a mediation agreement. Although the issue may not resolve during the initial mediation, many cases do eventually settle, either later or during a subsequent mediation. If the issue does not settle during mediation, the next step is for the case to be tried in court. Some cases go straight to trial without going through mediation.
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TRIAL PHASE
Both sides will have the opportunity to present all of their evidence at trial, either before a jury or a judge. Your lawyer will have the opportunity to question witnesses regarding the injuries and the medical standard of care. Everyone has an opportunity to be heard during a trial. The purpose of a trial is to ensure that justice is served and that a fair outcome is achieved. If your lawyer succeeds at trial, a favorable verdict will be reached in your favour. A successful verdict will establish that there was medical malpractice, that it was avoidable, and that the malpractice resulted in birth harm. A monetary prize will be given. The verdict may be appealed after the trial.
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APPEALS
When a problem arises during a trial that can be considered by a higher court, an appeal is filed. In many circumstances, there are no issues that can be appealed. If the verdict is overturned, a similar procedure may be followed at the Court of Appeals, and then again at the Supreme Court. After all possible appeals have been exhausted, the case will be closed.
