When you’re in the middle of giving birth, the last thing you want to worry about is whether or not you or your child is going to be injured. But the fact is, childbirth can be a dangerous process, and sometimes injuries do occur. If you or your baby suffered an injury during childbirth that wasn’t your fault, you may need a birth injury lawyer.
The Birth Injury Lawyers at Schuerger Shunnarah Trial Attorneys understand the difficulty of this time and are here to fight for you and your family. If the birth injury was due to negligence you and your baby deserve justice. Let us fight for you.
How to Choose a Birth Injury Lawyer
It would help if you felt comfortable and confident that the lawyer will do everything in their power to assist you when choosing a birth injury lawyer. You are not obligated to work with the first lawyer you contact. Choose a birth trauma lawyer who has the right qualifications and experience for your claim. A top birth injury lawyer should possess the following characteristics.
It is important to work with a birth injury lawyer who has handled cases similar to your own. You may not get the maximum amount of compensation possible if your lawyer has no experience with birth injury lawsuits. The best way to win compensation for birth injuries is to work with an experienced lawyer that specializes in such cases.
Attorneys who specialize in birth injury work for a national birth injury law firm will see more birth injury cases. With the experience of fighting these cases, they are able to win higher compensation amounts. The birth injury lawyers at Schuerger Shunnarah Trial Attorneys fight to the end for the baby and family to get compensation.
Before choosing an attorney check out their record of success. Read reviews, and look at some of the settlements they have won in the past. Make sure that they have experience in Birth Injury Litigation.
There is no upfront fee for top birth injury lawyers. A birth trauma attorney will provide you with a free case evaluation and work on a contingency fee basis, which means they do not collect legal fees until you win your case.
Medical databases and other resources are available to birth injury lawyers to assist with your claim. Staff members with experience, such as nurse case managers, medical experts, and others, can help you prove your child’s brain injury was preventable with proper care.
What Types Of Cases Do Birth Injury Attorneys Handle?
In birth injury cases, a child is injured as a result of careless and preventable mistakes during childbirth. Below are a few examples of the types of injuries that these attorneys have worked with, as well as some of their clients.
Due to brain damage, cerebral palsy is a lifelong condition. Depending on the part of the brain affected, it can lead to developmental and physical disabilities. Cerebral palsy can sometimes be prevented by doctors preventing many of its complications. Their job is to make sure a baby doesn’t suffer from asphyxiation since a lack of oxygen can harm the brain and lead to cerebral palsy.
Brachial plexus palsy, also known as Erb’s palsy, is a form of nerve damage that can affect the shoulders, arms, and hands. A child with Erb’s palsy experiences numbness, weakness, or paralysis throughout their body. Despite the fact that Erb’s palsy can often be treated, some children may not fully recover. The excessive force used by medical professionals during the delivery process can lead to Erb’s palsy in the newborn. A doctor may damage the baby’s nerves if, for example, a baby is stuck in the birth canal and a vacuum extractor or forceps are used incorrectly.
Spinal Cord Injuries
Signals from the brain can travel to various parts of the body through the spinal cord. Nerve damage or tears in the spine can cause numbness or paralysis. When doctors pull too hard on a baby’s neck or head, they can cause a spinal cord injury. Additionally, some doctors fail to diagnose and treat conditions that cause spinal cord injuries, such as spina bifida.
If a baby is deprived of oxygen during birth, suffers head trauma, or is infected by their mother while in the womb, they are at risk of suffering brain damage. There are mild brain injuries as well as more severe ones, such as cerebral palsy.
Many other preventable birth injuries can also be handled by experienced birth injury lawyers. Other potential types of birth injuries include:
- Caput succedaneum
- Cervical dystonia
- Injuries from C-sections
- Infant torticollis
- Intrauterine fetal demise
- Klumpke’s palsy
- Maternal infections
- Meconium aspiration syndrome (MAS)
- Newborn cephalohematoma
- Newborn jaundice
- Vacuum extraction injuries
- Placental Abruption
- Skull fractures
Talk to an experienced birth injury attorney if you believe that your child’s injury was the result of negligent care.
Frequently Asked Questions for Birth Injury Lawyers?
What to Expect When Working With a Birth Injury Lawyer?
Birth injury lawyers work to fight hard on your behalf to prove your case and get you the maximum amount of money possible in the shortest time period possible. Every birth injury lawsuit is different, but most follow these steps:
Investigation The lawyer will review the facts presented to determine whether you have a valid claim once you contact them for a free case review.
Filing In the event that the attorney accepts the case, a lawsuit is filed against the defendant (generally the physician who delivered your child).
Discoveries Your birth injury attorney, as well as the defendant’s attorney, will gather evidence and information to prove their position.
Mediation Each party presents its evidence to a third-party mediator, such as a judge, in an effort to resolve the case without a trial.
Settlement It is likely that the defendant will make a birth injury settlement offer if your attorney shows your child’s injury was preventable.
Trial In the event that a case cannot be settled outside of court, it will be given to a judge, who will hear both sides of the story. There are times during the trial process when a settlement is reached, but if this does not happen, a jury or judge will decide who wins the case.
What Can I Expect From a Birth Injury Case?
Your lawyer’s goal is to win your case and make the legal process as easy as possible for you and your family. Future medical expenses for children suffering from a birth injury can be costly, you may need to continually pay these for months, years, or even their entire lives.
Our birth injury attorneys will work tirelessly to ensure your family gets the maximum amount of compensation to alleviate any financial burden. Injuries caused by birth can lead to financial compensation for:
- Wheelchairs and other adaptive equipment
- Nursing care at home
- Therapies of different types
- Lost wages if you have to quit to care for the injured child
- Expenses related to personal and medical care
A birth injury attorney can help you win your case if you work with one. Experienced birth injury attorneys know how to build strong claims and pursue the maximum compensation for you. A birth injury lawyer also seeks justice for those who caused your child’s preventable birth injury. With the help of your lawyer, you can ensure that those healthcare providers who committed medical negligence are held accountable.
How long Does A Birth Injury Case Take?
During the course of your case, a birth injury attorney will assist you. Resolving birth injury cases vary in length of time. Depending on the case, a settlement can take a few months or several years.
In order to help their clients receive financial compensation faster than in a trial, many birth injury attorneys recommend settling out of court. In addition to adding more time to your lawsuit, the trial process may not result in compensation if the defendant wins the case.
What Does A Birth Injury Lawyer Do?
A birth injury lawyer is a subset of a personal injury attorney who helps newborns who have preventable injuries have injured obtain justice. Many birth injuries can be severe and leave children physically or mentally disabled for the rest of their lives. Symptoms may require lifetime treatment when these injuries occur.
Medical expenses are often a source of hardship for some families. A study conducted by Massachusetts General Hospital found that around 40% of families struggle to cover the costs associated with their child’s disability.
Thankfully, a birth injury lawyer can seek compensation on behalf of a family to cover the cost of lifelong treatment.
Birth injury lawyers can:
- Obtain evidence against the doctors and nurses who delivered the child
- File a lawsuit with the appropriate court
- Collect supporting evidence, including witness testimony and medical records
- Assist families in receiving financial compensation
- Millions of dollars have been awarded to families suffering from the effects of severe birth injuries in some cases. You may be entitled to compensation if you believe your child suffered a birth injury.
What Is Considered Medical Malpractice In A Birth Injury?
It is possible to prevent some birth injuries with proper medical care, even though each case is different. Many medical professionals have delivered babies for years – if not decades. In addition, they should be aware of the safest ways to prevent birth injuries and the dangerous conditions that lead to them.
There are times when health care professionals make easily preventable mistakes that result in birth injuries. Such mistakes may be considered medical malpractice. Birth injury lawyers can hold negligent medical professionals responsible for their actions through a lawsuit.
During childbirth, the following may be considered medical negligence:
- Failing to monitor signs of fetal distress
- Failure to monitor and treat maternal infections
- Oxygen deprivation (asphyxia) or Insufficient blood flow to the brain (hypoxia) is not detected or treated.
- Inability to perform a necessary C-section (cesarean section)
- Forceps, vacuum extractors, and other delivery tools are improperly used
- An excessive or unnecessary force is applied to the child’s head, neck, shoulders, or arms as they exit the birth canal
You can win compensation by proving in court that your child’s injury was caused by medical negligence with the help of your experienced birth injury lawyer.
What Are Medical Malpractice Laws For Birth Injuries?
A birth injury claim or wrongful death lawsuit falls under the definition of medical malpractice, a practice aiming to recover damages for injuries or death caused by a breach of standard medical practice. State laws regarding medical malpractice and the deadline by which parents have to file birth injury claims in the U.S. can differ.
In general, parents seeking to sue for medical malpractice must gather enough evidence to prove their claim. It is possible for your attorney to handle this responsibility as well, who can use their medical expertise and connections to develop a strong case on your behalf. A birth injury claim must include proof that:
1. A medical provider’s negligence has been demonstrated by a doctor, nurse, or other members of the delivery team involved in the infant’s care during the pregnancy, labor, or delivery process.
2. This instance(s) of medical negligence resulted in birth injuries or wrongful death.
Talking to a birth injury attorney is the best way to learn more about your state’s birth-related medical malpractice laws and the processes involved in filing a claim. To help individuals determine their legal options, we provide a free consultation to discuss the details of their case.
How Can I Prove That My Child Was Injured During Birth?
To prove that your child was injured during birth, you need to get a medical professional to complete a birth injury evaluation. This evaluation will help you and your doctor understand the true extent of your child’s injuries and what needs to be done next.
Contacting a birth injury lawyer as soon as possible is the best way to gather evidence and ensure proper compensation.
What Is The Average Birth Injury Settlement?
The average birth injury settlement is $1.5 million. There are many factors that can affect the amount of a settlement, such as the severity of the injury and how much money is available for compensation.
How Much Does It Cost To Hire A Birth Injury
Every new mom wants to end her delivery experience with a healthy baby, and when this does not happen due to negligence someone needs to be held accountable. Trying to recover from giving birth while getting help for the baby is challenging enough, you don’t need to worry about lawyer expenses too. This is why birth injury lawyers work on a contingency fee basis.
Find a Birth Injury Attorney to Handle Your Birth Injury Case
Small medical mistakes are sometimes severe and require years of intensive treatment, including surgery, medication, and other types of therapy. You should not have to pay for expensive medical treatment if your child suffers a severe and preventable birth injury. The good news is that a birth injury lawyer can fight on your behalf to obtain compensation to cover medical bills and other costs after a diagnosis of birth injury. In some cases, a layer may be able to help you right now if you believe your child’s birth injury was preventable. Find out if your family qualifies for a free case evaluation.
Let Us Go To War For You And Your Baby!
The personal injury lawyers at Schuerger Shunnarah Trial Attorneys are ready to help you take legal action for birth-related injuries. Our lawyers have extensive experience in these cases and work hard to get fair compensation for victims. Don’t try to navigate the legal system on your own, call our legal team to fight for you.