Birth Injury Attorneys: How They Help Families Pursue Legal Action for Birth-Related Injuries

Did you know that birth injuries are responsible for approximately 20% of the 20,000 infant deaths in the U.S. each year? These injuries affect both the newborn and the parents emotionally and financially.

These injuries can result from medical negligence, improper use of medical instruments, or failure to monitor the baby’s condition during labor and delivery. They can range from minor complications to severe lifelong disabilities. 

According to birth injury attorney Ken Sigelman, J.D., M.D., a legal professional can be invaluable in helping families seek justice and compensation for the harm caused.

This article will explain more about birth injury lawyers and how they can hold those who cause birth-related injuries legally accountable

Understanding Birth-Related Injuries

It is important for every expectant parent to be reminded of the risks related to childbirth. 

Birth injuries may occur during labor and delivery to a newborn or the mother. Common birth injuries include cerebral palsy, brachial plexus injuries, and fractures.

If your newborn shows unusual movements or struggles with basic motor skills, consult a health professional. Recognizing signs of birth injuries can help you act quickly in times of medical emergencies. Knowledge of birth-related injuries makes a big difference in managing post-childbirth challenges.

Role of Birth Injury Attorneys

Birth injury attorneys understand the emotional trauma caused by difficult childbirth experiences. They help the families they represent by assisting them in addressing the legal complications following a birth injury. 

Birth injury lawyers will thoroughly evaluate your case by reviewing medical records, consulting healthcare experts, and determining if negligence played a role in the injury. This detailed examination can help you build a strong case.

The attorney will handle all communications with insurance companies and medical professionals. They will negotiate to secure a fair settlement for medical expenses, future care, and other needs.

They are prepared to represent you in court to make sure you receive the justice you deserve. To learn more about the role of birth injury attorneys, visit https://www.daslawgroup.com/.

Types of Birth Injury Cases

Childbirth can lead to various types of birth injury cases, each with unique circumstances and implications.

Cerebral palsy, which can result from a lack of oxygen during childbirth, is a common childbirth injury. If there is medical negligence, legal action can be taken.

Erb’s palsy is another birth injury that is frequently caused by improper birth handling and shoulder dystocia, which occurs when the baby’s shoulder becomes stuck behind the mother’s pelvis during childbirth. If this occurs, healthcare personnel’s negligence will be investigated.

Brachial plexus injuries occur during labor and delivery. This type of injury results in a loss of movement or sensation in the affected arm. These cases may warrant legal action, especially if the injury resulted from failure to follow standard procedures.

Infections like Group B Streptococcus contracted during labor or delivery can have severe effects on the newborn. A case can be established if it is discovered that improper screening or treatment was performed. 

Understanding the exact type of birth injury that has occurred is necessary for determining the appropriate legal action. 

Legal Process for Claims

The legal process for seeking birth injury claims is complicated and can be overwhelming for individuals who lack legal knowledge. 

Gather relevant medical records, bills, and documentation about the birth and the injury if you want to pursue legal action.

Consult with a qualified birth injury attorney. They will explain your rights and assess the strengths of your case. If you decide to file a case, your lawyer will assist you in drafting a complaint document that details your claims and the damages you seek. 

Once filed, the defendant will respond, leading to the discovery phase where both parties exchange information and evidence.

Your attorney will strengthen your case by conducting depositions and seeking expert opinions. 

After discovery, the case may go to mediation or trial, depending on whether a settlement is 

reached

Having a skilled legal professional by your side allows you to address these legal complications while continuing to support your family’s needs. 

Importance of Expert Testimony

The presence of expert testimony can decide whether a claim is accepted or denied. 

Legal action requires credible evidence, and expert witnesses, like medical professionals, provide the necessary knowledge to identify and explain breaches in the standard of care.

These experts can simplify complicated medical concepts for the judge and jury. Their statements will show how negligence caused your child’s injury and will strengthen your case.

They can assess the potential scope of the injury’s damages and help you determine what you may be entitled to.

Choosing the right expert is important. Your attorney will help find professionals with the right credentials and public speaking skills. Credible industry experts greatly affect the case outcome. 

Financial and Emotional Support

After a birth injury, mental and financial healing is just as important as legal action. The costs of medical care and therapy can be overwhelming.

Birth injury attorneys help you with these financial challenges by identifying compensation sources for current and future expenses.

Your lawyer can help you find resources or refer you to professionals who can provide emotional and mental support. 

Birth injury lawyers allow you to focus on healing and caring for your child by handling all the legal aspects of the case. 

Conclusion

The knowledge and expertise of birth injury lawyers can significantly affect a birth-related injury case. Don’t hesitate in seeking the legal assistance of a lawyer if you want to secure fair compensation for you and your family.