When a birth injury occurs, you may be left lost and unsure where to turn. What is supposed to be a joyful time in your life can quickly turn to worry and frustration. You may start to wonder if a birth injury lawyer is right for you.
You may also have questions—What is a birth injury lawyer? Do I need one? What do they do? Can they help me get justice? Our attorneys explain what a birth injury lawyer is and how they can help you when you or your child suffers an injury during the childbirth process.
What Is an Attorney for Birth Injuries?
A birth injury lawyer is a person who represents and advocates for a victim when they are hurt during childbirth. When a birth injury was preventable through reasonable skill and caution, the victim may seek monetary compensation and a finding of legal liability.
However, the process can be complex and often overwhelming during this difficult time. A birth injury lawyer is a licensed attorney who acts on behalf of the victim throughout the claims process.
What Does a Birth Injury Lawyer Do?
A birth injury lawyer advises and legally represents their client when birth trauma or injury occurs during the birth process. It can be hard to know how to respond when an injury occurs. A birth injury lawyer represents you through all the steps that need to happen to go from where you are now to asserting your rights and claiming financial compensation.
What Services Does a Birth Injury Lawyer Provide?
A birth injury attorney may provide any of the following services:
- Investigating how the injury occurred
- Determining who is at fault
- Verifying the long-term implications of the injury
- Gathering the medical evidence to prove liability
- Drafting legal documents to begin the case
- Understanding and following the special laws that apply to birth injury claims, including medical malpractice laws
- Filing legal documents with the court and complying with the steps to initiate the case
- Service of process and complying with civil procedure requirements
- Presenting complex medical information in a clear way
- Utilizing the discovery process to build the claim and narrow disputed issues in the case
- Negotiating with the other party to settle the claim without a trial
- Determining the value of the case and how to respond to any settlement offers
- Taking the case to trial, if necessary
- Understanding the terms of a settlement offer or judgment; reviewing tax implications, guidance for management of funds for the benefit of a minor child
Your lawyer for childbirth injuries wants to help you reach the best possible resolution to your claim as quickly as possible. They investigate for you, educate you about the law, and help you strategize. They also speak on your behalf in court and represent you at hearings and at trial.
The exact services that your birth injury lawyer may provide depend on what you need for your case. Sometimes, the investigation is extremely important. Arguments in court and questioning witnesses effectively may be critical for a case that goes to trial, while carefully drafting the appropriate settlement negotiation may be appropriate in another case.
What Kind of Lawyer Is a Birth Injury Attorney?
A birth injury lawyer is a personal injury attorney. They advocate on behalf of individuals who are hurt. Their client is the injured person or, in the case of a child, the representative who brings the claim on behalf of the child. Because a birth injury case is a civil claim, the victim may initiate the case on their own through their lawyer.
What Are Common Types of Birth Injuries?
A birth injury lawyer may handle many different cases depending on the types of delivery and injuries. According to Standford Children’s Health¹, common types of birth injuries include:
- Brachial palsy
- Cerebral palsy
- Erb’s palsy
- Baby head injury from instruments used during childbirth, like forceps or vacuum extraction
- Swelling of the baby’s scalp (caput succedaneum)
- Head bleeding, subconjunctival hemorrhage
- Newborn baby hematoma
- Head injuries, baby bumped head, injuries to newborn skull
- Umbilical cord ripped off too early
- Oxygen deprivation
- Delayed diagnosis of heart conditions
There are many different types of injuries that may occur during childbirth depending on the circumstances, such as prolonged labor, a large head baby, prematurity, and abnormal birthing presentation (i.e., breech).
If the injury occurs because of an error or omission on the part of a health care provider, the victim may deserve financial compensation. Understanding the injury and its implications on a newborn baby fresh out of the womb is a critical part of bringing your claim.
How Much Is a Birth Injury Claim Worth?
Each case is different—A birth injury should compensate victims for their losses. An injury to a newborn may impact the rest of their life. For that reason, the amount of compensation may be high. Future medical care and personal needs are important to know the value of the case along with pain and suffering.
Note: Florida courts struck down non-economic damages caps in medical malpractice cases, so previous damages caps should not impact the amount of a claim.
Free Consultation With Birth Injury Lawyers
If you’re searching for a birth injury attorney, we know you have questions like:
- What causes a brain bleed in a child? Was it negligence?
- Are cystic hygromas (soft fluid-filled lump on baby’s head) a birth injury?
- Is birth traumatic for the baby and mother? Can I sue for a traumatic birth?
- If my baby has newborn head molding, can I claim compensation?
- Can I afford to hire a birth injury lawyer near me?
When you or your child has been hurt during the birth process, you need answers. Our birth injury lawyers are offering FREE case evaluations and will start your case with no upfront fees. Even if you’re not sure what happened, we invite you to contact us to talk about it. We want you to get the help that you need and the compensation you deserve. Contact us today to schedule your free and confidential case evaluation.
¹Stanford Children’s Health. Birth Injuries. Retrieved 7 February 2022.