Giving birth is one of the most significant and life-changing events a person can experience. While most deliveries go smoothly, sometimes complications arise that can cause harm to the baby or mother. When this happens, it can be devastating for the family, both emotionally and financially.
In such situations, families may turn to a birth injury lawyer to help them seek compensation for the damages they have suffered. In this article, we’ll explore what to expect when working with a birth injury lawyer for your claim.
What is a Birth Injury Lawyer?
A birth injury lawyer is a specialized attorney who helps families seek compensation for injuries sustained during childbirth. Birth injury lawyers have specific knowledge and experience in handling cases related to birth injuries, which can occur due to medical negligence or malpractice.
Types of Birth Injuries
There are several types of birth injuries that can occur during childbirth. Some common examples include:
- Cerebral Palsy: A condition that affects a child’s movement, coordination, and posture. It can be caused by damage to the brain during childbirth, says KidsHealth.org.
- Erb’s Palsy: A condition that affects the nerves in a child’s arm, which can cause weakness or paralysis (see AAOS).
- Brachial Plexus Injuries: A type of nerve injury that can occur during delivery, which can cause weakness or loss of movement in the arms.
- Hypoxic-Ischemic Encephalopathy: A condition that occurs when a baby’s brain doesn’t receive enough oxygen during delivery. This can cause long-term neurological damage.
- Shoulder Dystocia: A condition that occurs when a baby’s shoulders get stuck during delivery, which can cause injury to the nerves in the shoulder.
What to Expect When Working with a Birth Injury Lawyer
If you’re considering hiring a birth injury lawyer, there are a few things you should expect during the process:
- A Consultation: The first step in working with a birth injury lawyer is to schedule a consultation, during which the lawyer will review your case and ask you questions about your child’s injury, medical treatment, and any related expenses. This is an opportunity for you to ask questions and learn more about the lawyer’s experience and approach to handling birth injury cases.
- Investigation: After the consultation, the lawyer will begin investigating your case. This may involve reviewing medical records, consulting with medical experts, and gathering evidence to support your claim.
- Building a Case: Based on the information gathered during the investigation, the lawyer will begin building your case. This may involve drafting legal documents, negotiating with insurance companies, and preparing for trial.
- Settlement or Trial: Once your case is ready, your lawyer will work to negotiate a settlement with the responsible parties. If a settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.
What You’ll Need to Provide
To build a strong case, your birth injury lawyer will need specific information and documentation related to your child’s injury. Some examples of what you’ll need to provide include:
- Medical Records: This includes records related to your child’s delivery, hospital stay, and any subsequent medical treatment.
- Bills and Expenses: Keep track of any expenses related to your child’s injury, including medical bills, rehabilitation costs, and lost wages.
- Photographs: If possible, take photographs of your child’s injuries and any related medical equipment or devices.
- Witness Statements: If there were witnesses to the delivery or the events leading up to your child’s injury, their statements can be valuable evidence in your case.
Choosing the Right Birth Injury Lawyer
When choosing a birth injury lawyer, it’s essential to find someone who has experience and knowledge in handling these types of cases. Here are a few things to consider when choosing the right birth injury lawyer:
- Experience: Look for a lawyer who has experience in handling birth injury cases specifically. Ask about their track record of success and whether they have worked on cases similar to yours.
- Knowledge: Birth injury cases can be complex and require a deep understanding of medical terminology and procedures. Choose a lawyer who has a strong knowledge of medical malpractice law and has access to medical experts who can help support your case.
- Communication: Your lawyer should be easy to communicate with and keep you informed throughout the process. Look for a lawyer who will take the time to explain legal concepts and answer your questions.
- Compassion: Birth injuries can be emotionally charged and challenging for families. Choose a lawyer who is compassionate and understanding and who will advocate for your child’s rights.
Contact Us for Help
If your child has suffered a birth injury, working with a birth injury lawyer can help you seek compensation for the damages you have suffered. BirthInjuryLawyer Group can help you get the compensation your child deserves, help you build a strong case, and increase your chances of a successful outcome. Remember to ask questions, stay informed, and advocate for your child’s rights throughout the process.
Last Updated: April 24, 2023
