Birth Injury Attorney: How to Find the Right Legal Help for Your Case

Birth injuries are tragic and life-altering events that can significantly impact both the child and the family. If you believe that your child’s injury occurred due to medical negligence, hiring the right birth injury attorney is crucial. This article will guide you through the process of finding an attorney, the types of birth injuries, and what to expect during a legal case.

What is a Birth Injury?

A birth injury refers to any physical or mental injury that a baby suffers during the birthing process. These injuries may occur due to various factors such as improper handling, incorrect use of delivery tools, or medical malpractice. Some of the most common birth injuries include:

  • Brachial Plexus Injuries: Damage to the nerves controlling the arms and hands.
  • Cerebral Palsy: A neurological disorder caused by brain injury during birth.
  • Fractures: Broken bones due to rough handling during delivery.
  • Erb’s Palsy: A type of brachial plexus injury that affects the arm and shoulder muscles.

Understanding the severity of these injuries can help families recognize if they have grounds for legal action.



Why Do You Need a Birth Injury Attorney?

Hiring a specialized birth injury attorney can help ensure that you receive the compensation needed for medical expenses, future care, and emotional distress. An experienced attorney can guide you through the legal complexities, from collecting evidence to negotiating with medical professionals and insurance companies.

Here are a few reasons to hire an experienced attorney:

  • Legal Expertise: A skilled attorney can navigate the intricacies of medical malpractice law.
  • Evidence Collection: They will gather the necessary medical records, expert witness testimony, and other evidence needed for your case.
  • Maximized Compensation: A birth injury lawyer can help secure compensation for both immediate and long-term costs, including ongoing medical care and rehabilitation.


Steps to Finding the Right Birth Injury Attorney

1. Research Attorneys Specializing in Birth Injury Cases

Not all lawyers are equipped to handle birth injury cases. When looking for an attorney, make sure they specialize in medical malpractice or birth injury lawsuits. Online reviews, recommendations from other families, or a referral from your primary care doctor can help you find potential candidates.

2. Check Their Experience and Track Record

Experience is critical in handling complex birth injury cases. Look for attorneys with a proven track record of successful verdicts or settlements in similar cases. You can also ask them about the types of birth injuries they have worked on in the past.

3. Schedule a Consultation

Most birth injury attorneys offer free consultations. This meeting gives you an opportunity to assess the attorney’s communication style, approach, and whether they are a good fit for your case.



Types of Birth Injury Cases Handled by Attorneys

Birth injury cases can vary widely, and the specific legal strategy will depend on the nature of the injury. Here are some common types of cases birth injury attorneys handle:

Cerebral Palsy Cases

Cerebral palsy is a result of brain damage often caused by lack of oxygen during labor or delivery. If this injury could have been prevented by proper care, you may be entitled to compensation for your child’s lifetime of medical expenses and treatment.

Brachial Plexus Injury Cases

Brachial plexus injuries can occur if excessive force is used during delivery. If it is determined that improper use of forceps or vacuum extraction contributed to the injury, a birth injury attorney may be able to help you seek compensation.

Fractures and Dislocations

In some cases, fractures or dislocations can occur during a difficult birth, especially if the baby is too large for the birth canal. In these cases, if medical professionals failed to take the proper steps to avoid injury, a legal claim may be warranted.



What to Expect During a Birth Injury Lawsuit

Legal Process Overview

  1. Initial Consultation: During the consultation, you will discuss the details of the birth, the injury, and medical records.
  2. Investigation and Evidence Gathering: Your attorney will review medical records, consult medical experts, and investigate the circumstances surrounding the birth.
  3. Filing the Lawsuit: If there is sufficient evidence of medical malpractice, your attorney will file a lawsuit against the responsible parties.
  4. Negotiation or Trial: Many birth injury cases are settled out of court, but your attorney will prepare for trial in case a settlement cannot be reached.

Costs and Fees

Most birth injury attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Their fee is usually a percentage of the settlement or award.



Conclusion

Dealing with a birth injury is incredibly challenging, but with the right birth injury attorney, you can hold negligent medical professionals accountable and secure compensation for your child’s needs. Whether your case involves cerebral palsy, brachial plexus injuries, or any other birth-related condition, an experienced attorney can provide invaluable assistance throughout the legal process.

For more information or to schedule a consultation, reach out to a qualified birth injury attorney today.



Birth Injury Cases: Quick Facts

Injury TypePossible CausesAverage Compensation
Cerebral PalsyLack of oxygen during delivery$2 million – $10 million
Brachial Plexus InjuryImproper use of delivery tools$1 million – $3 million
FracturesExcessive force during birth$500,000 – $2 million
Erb’s PalsyShoulder dystocia or forceps misuse$1 million – $5 million


By following these steps and seeking expert legal help, you can better navigate the challenges of a birth injury case and work towards securing a more stable future for your family.