Where Can I Get Help With My Birth Injury Case?

A birth injury lawyer specializes in litigating cases that involve a birth injury resulting from the medical negligence of a healthcare provider. When you conduct research to determine which lawyer to hire, make sure you hire one who specializes in handling birth injury cases. As a type of medical malpractice, birth injury cases require somewhat of a different legal skillset.

During the free case evaluation, the lawyer sitting across from you will review the medical records that are associated with your child’s birth injury. Your attorney will also ask questions to determine the best course of legal action to take. After contacting the legal counsel representing the healthcare provider, your lawyer might schedule a meeting to negotiate a settlement.

If you cannot reach a settlement, a medical malpractice lawyer files a civil lawsuit to initiate litigation against the healthcare provider. During the trial, your attorney presents the evidence you have collected, as well as cross-examines witnesses called to testify by the defendant’s lawyer. Cross-examining witnesses and employees of the healthcare provider is an essential part of your lawyer’s job.

Before the case goes to trial, your medical malpractice attorney will calculate how much money you should ask for in monetary damages.

There is not a one-size-fits-all approach to litigating birth injury cases. Each type of birth injury requires gathering and organizing unique evidence. You also should know that a birth defect is not the same thing as a birth injury. A birth defect represents a medical condition that develops while a child is developing in the womb. On the other hand, a birth injury happens at the time of birth and it is not related to a genetic defect.

Here are the most common types of birth injuries:

• Erb’s palsy
• Cerebral palsy
• Spina bifida
• Nerve damage
• Lack of oxygen (hypoxia)
• Facial paralysis
• Cranial nerve trauma
• Seizures

It is important to note your lawyer will decide whether the birth injury is serious enough to warrant the filing of a lawsuit. Medical malpractice cases take more time than the average time it takes to litigate other types of personal injury cases. If your child’s injury is mild and it can heal on its own, then the best course of legal action might be to try to negotiate a settlement with the healthcare provider.

The primary goal of filing a birth injury lawsuit is to recover the costs associated with this type of medical malpractice case. Healthcare costs for an injured newborn can place a considerable financial burden on a family. According to the Center for Disease Control and Prevention (CDC), medical expenses for children suffering from cerebral palsy run at least 10 times more than the medical expenses for children that do not suffer from the medical condition.

Successful litigation can award your family compensation that covers different costs.

• Adaptive equipment
• Home modification
• Diagnostic tests
• Rehabilitation
• Treatment program
• The cost of future medical care

Wondering where I can get help with my birth injury case is all about hiring a personal injury attorney who has established a record of winning financial awards for clients involved in birth injury cases. At Morgan & Morgan, we have helped numerous clients receive the financial assistance they deserve for having to deal with a birth injury incident.

Each state has established a statute of limitations for filing a personal injury lawsuit. The clock typically starts to tick for a birth injury case on the day of your child’s birth. However, some birth injury cases involve the delayed development of symptoms. This means the clock starts ticking for filing a birth injury lawsuit on the date when you learn about the injury.

Regardless of what the statute of limitations is for your state, you should treat your birth injury case with a sense of urgency for several reasons. First, medical expenses ramp up quickly. Second, the legal process for litigating a birth injury case often takes a significant amount of time. Finally, witness accounts of the incident will be much more accurate the closer the statements are taken to the date of the birth injury incident.

A free case evaluation represents the first step of the legal process for a birth injury case. This is when you get an answer to the question, “Where can I get help with my birth injury case.” Although each birth injury case is different, there are a few steps that remain the same if you decide to litigate a case of medical malpractice.

Send a Demand Letter

Your personal injury attorney might ask the healthcare provider to compensate you before filing a lawsuit. Sending a demand letter explains why you believe the healthcare provider caused the birth injury your child suffers from, as well as how much compensation you deserve for dealing with the aftermath of the medical malpractice incident.

Build a Convincing Case

If the healthcare provider rejects the demand letter or if your lawyer decides not to send one, then you move on to building a persuasive case. Your attorney will want to know three important elements of your birth injury case. First, how could the healthcare provider have prevented the birth injury? Second, which party is responsible for medical malpractice? Third, when, where, and how did the birth injury occur?

File a Civil Lawsuit

After building a case your lawyer feels confident litigating, the next step of the legal process is to file a civil lawsuit. After filing the proper paperwork, you and your family become the plaintiffs in the case, while the healthcare provider becomes the defendant. A court clerk processes the paperwork and then sends a notice to the defendant informing the defendant about the lawsuit. The defendant has a certain number of days to respond to the lawsuit.

Discovery

Discovery is a legal maneuver that allows the attorneys representing both parties to learn more about what the other side has in terms of evidence. Depositions bring together witnesses, as well as medical experts that either confirm or disapprove of the evidence presented by both parties. The discovery phase of a birth injury lawsuit also gives your legal counsel more time to collect and organize evidence.

Negotiations

During the discovery phase, the legal counsel representing both parties do not conduct a back and forth discussion about compensation. Back and forth discussions unfold during the negotiations held after the discovery phase of a birth injury lawsuit. Both parties have the same evidence in which to start discussing financial terms. If your case reaches a settlement, the defendant pays you a lump sum of money and all legal action comes to a halt.

Trial

During the trial phase of a birth injury lawsuit, the judge or jury hearing the case listens to the arguments presented by both parties. The judge or jury hearing the case decides whether to award you just compensation or deny your claim for monetary damages. If you lose your birth injury lawsuit, your attorney decides whether to file an appeal.

The trial and appeal phase of a birth injury lawsuit can add years to the amount of time it takes for you to get justice.

There are four types of compensation possibly awarded in a birth injury case.

Special Compensatory

Also referred to as economic damages, special compensatory damages take care of the costs directly associated with a birth injury incident. Medical expenses take up most of the money awarded for special compensatory damages. You also should ask for special compensatory damages to take care of future medical expenses.

General Compensatory

A judge or jury awards general compensatory damages to cover costs that do not have a price tag. Pain and suffering is the most common form of general compensatory and for birth injury cases, pain and suffering can run into thousands of dollars. Your attorney calculates how much you and your family’s pain and suffering should cost.

Punitive

In cases of gross medical negligence, a judge or jury might award a substantial amount of money in punitive damages. This type of compensation does not pay for any of your medical bills. Instead, it is a financial award that penalizes the defendant for making a major blunder that the defendant should have prevented.

Wrongful Death

The worst-case scenario for a birth injury case is the death of an infant. Wrongful death compensation can exceed the compensation awarded for the other three types of monetary damages. Loss of companionship is an integral component for determining the value of wrongful death damages.

To learn more about filing a birth injury lawsuit and to receive the compensation you deserve, schedule a free case evaluation with one of the birth injury attorneys at Morgan & Morgan.