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Do I need a Birth Injury Lawyer?
You should consider hiring a birth injury lawyer if you suspect that your child’s injuries were caused by medical malpractice:
Statute of Limitations
There are strict time limits for filing a birth injury lawsuit, and each state has its own deadline. You should consult a lawyer who is familiar with the laws in your area.
Complex Medical Procedures
Proving a birth injury claim requires a detailed investigation into medical procedures and standards. You’ll need access to medical records and expert witnesses, which most people can’t afford to retain on their own.
Accountability
A birth injury lawyer can hold negligent medical professionals accountable and help prevent similar injuries in the future.
Contingency Fee Agreements
The best birth injury lawyers work on a contingency fee basis, which means you only pay them if they win your case.
You should act quickly if you suspect medical malpractice, even if you don’t have an official diagnosis ye
Key steps in a birth injury lawsuit
Initial Consultation
Discuss your child’s injury with a birth injury lawyer to assess if you have a viable case.
Evidence Collection
Gather detailed medical records, including prenatal records, delivery records, and post-natal care information.
Expert Medical Opinion
Obtain the professional opinion of Board-certified medical providers in the relevant field to establish whether the healthcare provider acted negligently.
Establishing Causation
Prove that the treating healthcare provider’s actions directly caused the birth injury.
Filing the Lawsuit
Initiate legal action against the healthcare provider(s) responsible for the injury.
Discovery Process
Both parties exchange information and evidence, including depositions of witnesses.
Negotiation and Settlement
Attempt to reach a settlement agreement with the defendant’s insurance company.
Trial
If a settlement can’t be reached, the case proceeds to trial where a jury decides the outcome.
Important factors to consider
Statute of Limitations
There is a time limit to file a birth injury lawsuit, so prompt action is crucial.
Damages Sought
Compensation can include medical expenses, future care costs, pain and suffering, and lost wages.
Standard of Care
The legal standard is whether the healthcare provider acted in accordance with the accepted medical practice.
How HIE Newborn Lawyers Can Help You
We understand the emotional and financial toll that comes with a birth injury. If we find that your child’s birth injury was caused by a medical mistake, we will help you obtain a lifetime of care for your child.
Our experienced birth injury attorneys and CP lawyers will investigate what happened and fight for the justice your family deserves.
Many of these injuries could have been prevented if proper care and attention were given during delivery. If your baby suffered a birth injury, it is crucial to investigate the circumstances leading up to it.
Contact us today for a free initial consultation at 1-866-703-3505. Or complete the contact form below to learn more about how we can help.
Birth Injury FAQs
How can a lawyer Help Secure my Child’s Future?
An experienced attorney will work with medical experts, life care planners, and economists to calculate the full scope of your child’s lifetime needs. The long-term needs of your child includes calculating the current and future medical expenses, therapy and rehabilitation costs, special education requirements, adaptive equipment needs, home care assistance, lost earning potential, quality of life considerations and more.
What is a Comprehensive Damage Assessment?
How Does a Birth Injury Law Firm Build a Strong Case for my Child?
An experienced birth injury lawyer will gather detailed medical evidence to support your claim. They will consult with leading medical experts and document all aspects of the negligence that caused your infants birth injury. Calculating comprehensive damages and negotiating with insurance companies is a key aspect for securing your child’s future.
What is the Estimated Lifetime Cost of a Child with a Birth Injury?
The lifetime cost of caring for a child with a severe birth injury can exceed $10 million when accounting for medical expenses, specialized equipment, therapy services, and long-term care needs. Birth trauma compensation through a medical negligence lawsuit helps families access top-tier medical treatment, cutting-edge therapies, and essential support services. Whether your child suffered birth asphyxia, brain damage during delivery, or other birth-related injuries, our experienced birth injury attorneys will fight to secure the financial resources needed for comprehensive lifetime care.
