According to the National Library of Medicine, 15.4% to 18.1% of the approximately 17,000 medical malpractice lawsuits filed annually in the US are obstetrics-related. Many involve birth injuries such as cerebral palsy, head trauma, and bone fractures.
Parents of these infants often have to deal with the emotional, practical, and financial burdens associated with their child’s care and long-term needs. They may also have to navigate the legal system if medical negligence is suspected.
Hiring a birth injuries lawyer can help alleviate some of this stress. Here are 5 ways these specialized lawyers can help support you during your birth injury claim case.
1. Determining the Cause of Your Child’s Birth Injury
The first step for attorneys handling birth injury claims is investigating a claim’s viability. This typically involves consulting medical experts and gathering and reviewing medical records to determine the cause of your child’s birth injury.
A birth injuries lawyer will investigate the circumstances of childbirth to uncover what went wrong by identifying signs of medical negligence such as:
- Improper procedures
- Delayed delivery
- Failure to detect fetal distress
While working with medical specialists to evaluate your case, they can connect you with support groups and resources to help you understand your child’s condition.
2. Navigating the Legal Process
Birth injury claims involve skillfully navigating a complex legal process including legal paperwork, filings, and deadlines. The latter is critical as the statute of limitations for birth injury claims in most states is typically 2-3 years from the date of or discovery of the injury. An experienced attorney will ensure proper and timely filing of your case which can help reduce stress so you can focus on your family.
3. Offer Contingency Fee Arrangements and Free Consultations
Many birth injury lawyers work on a contingency basis. You only pay if they win your case. However, legal aid for birth injuries is also available to help families pursue compensation for medical expenses, pain and suffering, and other damages caused by the injury.
4. Building a Strong Case with Evidence
When choosing an attorney for medical negligence, look for someone with extensive experience and a proven track record of success. This expertise and evidence help them prove your child’s injuries are due to a breach of duty of care. Your attorney will:
- Gather and analyze evidence
- Secure expert and witness testimony
- Prove damages
Expert testimony can also help to estimate future medical care, rehabilitation, and special education needs.
5. Securing Financial Compensation for Lifetime Care
Birth injury lawyers can also leverage their expertise to negotiate settlements with hospitals and insurance companies. They utilize negotiation tactics like demand letters and potential litigation to avoid lowball offers and secure the maximum childbirth injury compensation. They will try to ensure it covers your child’s lifetime needs, whether through a settlement or trial verdict.
Effective Support With a Dedicated Birth Injuries Lawyer
A dedicated birth injuries lawyer can help alleviate your family’s financial stress by securing compensation for your child’s lifelong care. They handle all aspects of the legal process and most offer contingency fee arrangements.
Cummings Law has a proven track record having secured over $47 million for clients in the past few years. We can analyze your claim and obtain a settlement for you too. Contact us today for personalized service that will help alleviate your stress and allow you to focus on your family.
