Birth is a life-altering experience often filled with joy. However, this joy can quickly be replaced with confusion when your newborn suffers an injury. This can be especially worse if it’s due to medical negligence.
This is where a birth injury lawyer can play a vital role.
This guide seeks to unravel the complex processes of birth injury lawsuits. It will also touch on how a skilled birth injury attorney can help navigate the process.
Understanding Birth Injuries
Birth injuries are unexpected complications that occur during childbirth, resulting in harm to the baby. From minor bruises to severe, these injuries can vary widely in severity.
That said, some of the common types of birth injuries include:
- Cerebral Palsy: A neurological disorder that affects motion and muscle coordination.
- Brain Damage: This happens as a result of reduced oxygen supply, leading to complex conditions and intellectual disabilities.
- Erb’s Palsy: A condition caused by damage to the brachial plexus nerves during birth, leading to weakness or paralysis in the arm.
- Brachial Plexus Injury: This results in the inability to use certain muscles in the hand or arm.
- Facial Nerve Damage: This injury can lead to loss of controllable muscle movement in an infant’s face.
The Role of a Birth Injury Lawyer
When a birth injury is a result of medical negligence or avoidable errors, it’s essential to consider seeking legal help from birth injury lawyers.
These are legal professionals who focus on cases where a birth injury has occurred due to malpractice. They have a deep understanding of medical procedures and the legal aspects related to birth injuries.
Here are some key tasks a birth injury lawyer typically manages:
- Investigation: The attorney will look into the case to determine if negligence caused the injury. They will examine medical records and consult with medical experts.
- Case Preparation: After establishing a case, the lawyer prepares a legal strategy and files the lawsuit.
- Negotiation/Litigation: The attorney negotiates with the defendant’s legal team or insurance company, aiming to achieve a fair settlement. If negotiations fail, the case proceeds to trial.
- Compensation Collection: After a successful verdict or settlement, the lawyer ensures swift collection and disbursement of the awarded funds.
When to Contact a Birth Injury Lawyer
If you have good reason to suspect your child’s birth injury happened as a result of someone’s negligence, you must speak to a birth injury lawyer immediately.
Such cases are categorized as medical malpractice. As such, there are certain deadlines for filing lawsuits. The law in many states dictates that medical malpractice claims should be filed in not more than two years from the date when the negligent act that caused the injury happened.
In Summary: Choosing a Birth Injury Attorney
Choosing the right birth injury attorney is crucial. Your preferred hire should have a proven track record, extensive experience in birth injury cases, and a strong understanding of medical malpractice laws.
Make sure you hire an attorney you’re comfortable with, as they will be your advocate throughout this challenging process.
You shouldn’t have to bear the burden of costly treatments and emotional pain if your child suffers a birth injury due to medical negligence. A birth injury lawyer can fight on your behalf, helping you obtain the compensation you deserve.