Giving birth is meant to be a joyful experience, but when medical negligence leads to birth injuries, families suffer lifelong consequences. If your child endured permanent harm due to an avoidable medical error, you need a dedicated birth injury law firm to fight for justice and fair compensation. This article explains how choosing the right firm can make all the difference in securing your child’s future.
Why Hire a Birth Injury Law Firm?
Pursuing a birth injury claim is complex. An experienced law firm levels the playing field by:
- Investigating how the medical error occurred and identifying all liable parties
- Consulting with medical and life care planning experts to prove the extent of injury and damages
- Dealing with insurers so parents can focus fully on caring for their child
- Having the resources and stamina for prolonged negotiations or litigation
- Securing maximum compensation through settlement or trial
Don’t minimize your child’s worth. Hire accomplished birth injury attorneys to obtain full restitution.
How Lawyers Help Families After Birth Injuries
Lawyers assist families in the aftermath of birth injuries by:
- Gathering medical evidence of the child’s diagnosis, treatment, and prognosis
- Assessing developmental delays, lost capabilities, and rehabilitation/care needs
- Calculating lifetime medical costs and other financial losses from impairment
- Connecting parents with diagnosis-specific support groups and assistance
- Answering families’ legal questions and explaining the claims process
- Reducing stress levels by managing the legal and insurance details
- Securing justice and compensation so parents can focus completely on their child
Experienced birth injury lawyers empower families to look ahead while holding negligent parties fully accountable.
Choosing the Best Birth Injury Law Firm
It’s vital to research law firms thoroughly before choosing legal representation. Key criteria to consider:
- Strong verifiable track record with birth injury cases specifically
- Lawyers board certified in birth trauma litigation
- Relationships with top medical experts and life care planners
- Financial resources to front case costs until settlement
- Willingness to take cases to trial if needed
- Compassionate bedside manner and communication with clients
Take time to select the right birth injury firm – one dedicated to your family’s interests.
Full Service Law Firms Manage the Entire Legal Process
Reputable birth injury firms provide complete legal services under one roof. Their in-house teams handle:
- Free case evaluations to determine merits and best legal course
- In-depth investigations into what exactly went wrong during delivery
- Securing all pertinent medical records and expert opinions
- Filing the initial lawsuit and navigating court procedures
- Questioning defendants and witnesses during depositions
- Negotiating with insurance companies to reach fair settlements
- Taking cases to trial if responsible parties won’t settle
- Ensuring clients get maximum compensation at resolution
Let your law firm carry the legal load while you focus on your loved one’s recovery.
How Lawyers Prove Medical Malpractice Occurred
In birth injury cases, lawyers must prove negligence through:
- Obtaining prenatal and delivery records – What risks/complications did the mother have? Were protocols followed?
- Interviewing parents about what happened – Did medical staff act improperly or ignore concerns?
- Consulting medical experts – Would another course of care have prevented injury?
- Researching up-to-date standards – Did care fall short of what current best practices require?
- Pinpointing alternatives – Were safer delivery options or equipment available but not used?
- Examining equipment – Did devices used on mother or baby malfunction from poor maintenance or defects?
- Exploring previous issues – Had preventable injuries happened before with this doctor or hospital?
Thorough investigation provides the evidence needed to show medical negligence caused the birth injury.
Why File a Birth Injury Claim Quickly?
It’s critical to contact a birth injury law firm promptly after a delivery room error for several reasons:
- Preserve memory – Details fade quickly. Early action preserves witness recollections.
- Secure evidence – Records can be destroyed. Lawyers must act fast to obtain them.
- Build a case – Proving liability and damages takes time. Begin immediately.
- Beat deadlines – Birth injury cases have strict statutes of limitations. Don’t miss your window to file.
- Minimize stress – Moving quickly provides families closure instead of prolonging challenges.
- Get compensation – Funds are needed early to pay for medical care. Delayed legal action just postpones vital financial support.
Don’t wait to pursue justice. The sooner you contact a law firm after a birth injury, the stronger your case.
What Kinds of Compensation are Available?
Lawyers pursue all forms of compensation birth injury victims need and rightfully deserve:
- Past medical expenses from delivery through initial hospitalization
- Ongoing medical costs including medications, therapies, equipment, and home healthcare
- Future expenses over the child’s lifespan
- Special education and rehabilitation programs
- Lost household contributions the child can no longer provide
- Lost income and benefits for family members providing care
- Pain and suffering damages
Full compensation helps families manage the enormous costs of caring for an injured child.
What to Expect During Settlement Talks
Most birth injury cases resolve through settlements, avoiding lengthy trials. Here’s what families can expect:
- Lawyers send a demand letter detailing damages. Initial offers from insurers will be low.
- Your law firm negotiates firmly with insurers to secure fair compensation. This is an ongoing process.
- As talks advance, both sides make concessions to move closer to an agreeable amount.
- Your lawyers only accept an amount that adequately provides for your child. If the gap remains too wide, trial becomes necessary.
- Ultimately a satisfactory settlement is reached through persistent negotiation.
Experienced lawyers maximize settlements by advocating fiercely on families’ behalf.
Why Lawsuits are Necessary in Some Cases
Insurers don’t always make reasonable settlement offers, forcing birth injury cases to go to court. Reasons include:
- Insurers disagree that medical staff acted negligently and dispute liability
- Severe undervaluing of the child’s injuries and financial needs
- Belief that drawn-out delays will lead families to accept low settlements
- Goals of profit over fair compensation
- Desire to avoid setting settlement precedents for future cases
When fair agreements can’t be reached outside court, dedicated lawyers won’t hesitate to take cases to trial. They are always prepared to fight for justice before a jury.
What Happens if a Birth Injury Case Goes to Trial?
If settlement talks fail, skilled birth injury lawyers will argue the case at trial. Here’s what to expect:
- Both sides make opening statements, framing key issues for the jury.
- Plaintiff lawyers present evidence through witnesses, medical records, and expert testimony.
- The defense cross-examines witnesses, aiming to discredit the plaintiff’s version of events.
- Plaintiffs can challenge the credibility of the defense’s witnesses as well.
- Closing arguments summarize the most convincing evidence in hopes of swaying the jury.
- The jury deliberates until reaching a verdict based on the trial evidence.
- If the verdict favors the plaintiff, the child’s needs are fully provided for. Justice is served.
Though trials are unpredictable, experienced lawyers are masters of compelling advocacy before juries. With strong cases, justice often prevails.
Birth Injury Case Frequently Asked Questions
What types of birth injuries can occur?
Common preventable birth injuries include cerebral palsy, brachial plexus injuries, newborn seizures, infant brain damage, spinal cord damage, and bone fractures.
Who can be sued in a birth injury case?
Depending on specific circumstances, potential defendants include obstetricians, nurses, anesthesiologists, midwives, hospitals, and pharmaceutical companies that make medications used improperly.
How much is a birth injury case worth?
Values vary based on injury severity and the child’s ongoing medical needs. Many cases settle for multi-million dollar amounts to provide lifelong care.
How can you afford a top law firm?
Reputable firms work on contingency, collecting no fees unless they successfully resolve your case. A portion of the eventual settlement or award covers their fees and costs.
How long do these cases take?
From investigation through trial, cases typically take 2-3 years. Complex cases with protracted insurance battles can take longer to resolve fairly. Experienced firms anticipate timelines.
What if the doctor and hospital seem very apologetic?
Regardless of apologies, pursue legal action. You must hold providers accountable and obtain compensation to cover your child’s needs. Let your attorneys handle interactions.
In The End
Birth injury cases demand highly skilled legal guidance. For compassionate counsel and determined advocacy through legal intricacies, choose a law firm with specific expertise in birth trauma litigation. They will empower you to secure your child’s future.