When Should I Call A Birth Injury Lawyer?
Childbirth should be a joyous occasion.
There isn't much in life that compares to witnessing the birth of your child.
Nothing can totally prepare a parent for bad news after a tough labor and delivery, therefore it goes without saying that nothing can fully prepare a parent for bad news after a difficult labor and delivery.
If you hear the unfortunate news that anything is wrong, the happy emotions of welcoming a new kid are swiftly replaced by negative sentiments of despair, rage, and confusion.
A birth injury is bad enough, but what if the birth damage was caused by the medical personnel you trusted throughout your pregnancy?
Sadly, medical errors that could have been avoided happen during childbirth.
What is a parent's next course of action?
A birth injury lawsuit may result from the negligence of healthcare providers or those responsible for your care during the labor and delivery process.
You should never try to handle a birth injury claim on your own because it can be messy and emotional.
We shall address birth injury cases and when you should contact an experienced birth injury law firm in the article below.
Birth Injuries and Their Types
During childbirth, a variety of irreversible injuries can occur, the most serious of which are brain and spinal cord damage.
The following are some of the most common:
Cerebral Palsy - If your kid is born without enough oxygen, he or she may develop Cerebral Palsy. Cerebral palsy is a catch-all term for a number of chronic disorders that impair movement control. The first signs of cerebral palsy usually occur in the first few years of life. After then, there may or may not be brain damage and cognitive impairment.
Reduced oxygen supply causes brain injury, which is frequently caused by a blockage or other issues during delivery. It can also be caused by physical trauma during childbirth if a health care practitioner fails to offer enough care.
Erb's Palsy can occur when a newborn's brachial plexus is damaged by an untrained or poorly qualified physician. This form of injury can be caused by medical errors and negligent actions such as the incorrect use of forceps.
Brachial plexus injuries are agonizing and are sometimes accompanied with a limited capacity to move a hand or arm or the inability to lift an arm above shoulder level.
Damage to the face nerve causes facial nerve palsy, which is the loss of controlled muscular action in a newborn. It's brought on by pressure on the face right before or during birth, and it's most common with difficult deliveries. This damage can also be caused by using forceps incorrectly.
When Should You Consult A Lawyer About A Birth Injury?
If you believe your kid was hurt during childbirth, you should speak with a knowledgeable birth injury attorney as soon as possible.
A medical malpractice case stemming from a birth damage is known as a birth injury lawsuit.
Medical malpractice cases must be brought within two years after the negligent act or omission that produced the damage in most states.
Alternatively, it must be filed within two years of the date the harm was found or should have been detected.
In most cases, birth injury lawsuits must be filed four years after the negligent act or omission occurred.
That is why, if you are seeking financial compensation for your injuries, you should contact an experienced law firm straight away.
The statute of limitations governs these rules.
How Can Attorneys for Birth Injuries Help?
A complimentary appointment will be held to discuss your birth injury case.
Your lawyer learns more about your situation during the initial appointment.
They'll want to hear when you first believed a birth injury occurred, as well as how the injury has affected your child's and family's lives.
If your lawyer detects medical malpractice or avoidable errors, they will take on your case.
When they start working on your case, they'll:
Examine your situation – The legal process will begin with your attorney obtaining and evaluating medical data from your pregnancy, birth, and postoperative care. They will also interview witnesses who may be able to provide light on how the injury occurred if possible.
Consult with professionals – They'll then consult with independent medical experts to see if a doctor, midwife, nurse, or other medical professional failed to reach a recognized standard of care. Experts will also assist you in calculating the damages you should seek in your case.
Submit an initial settlement demand to the medical care provider's malpractice insurance company — After your case has been investigated and prepared, your legal team will make an initial settlement demand to the malpractice insurance company of the medical care provider. The lawsuit can be concluded at this point if liability and damages are not in dispute.
If liability and damages are in dispute and no pre-trial settlement can be reached, your lawyer will file a lawsuit. Following the filing of the case, the formal evidence-gathering procedure known as discovery begins.
If a pre-trial settlement cannot be reached, it may be in your best interests to take your case to trial. Trial lawyers have experience in presenting the strongest case possible on your behalf, including expert witness testimony and expertly prepared exhibits.
Collect and disseminate monies - Once you have received a favorable settlement or judgement, your attorney will promptly collect and disburse the funds owing to you, as well as resolve any liens associated with your recovery.
Damages in Cases of Birth Injuries
In a birth injury case, damages refer to the costs you and your child will incur as a result of the harm.
Damages can include a variety of expenses, such as:
Health-care costs
Consistent attention
Costs of assisted living
a reduction in future earnings or the ability to work
Disability
Life expectancy has decreased.
Suffering and pain
Emotional anguish
These cases do not have a limit on the amount of money that can be recovered.
They also reflect the fees that a child may incur during their lifetime.
Non-economic damages, such as suffering, pain, and a reduced quality of life, may also be awarded.
Let Our Birth Injury Lawyers Fight For You!
Small medical errors can be life-threatening and necessitate years of treatment, including surgery, medication, and other forms of emotional and physical therapy.
If your child suffers severe and preventable damage at birth, you shouldn't have to pay for expensive medical procedures.
The good news is that after a diagnosis of birth injury, a birth injury lawyer can fight on your behalf to receive compensation to cover medical fees and other costs.
Alexander Shunnarah Trial Attorneys' personal injury lawyers are ready to assist you in pursuing legal action for birth-related damage.
Our attorneys have a lot of expertise with these types of lawsuits and fight hard to secure victims reasonable compensation.
Don't make the mistake of attempting to navigate the legal system on your own. Please contact our legal team so that we can represent you.