What Can a Birth Injury Lawyer Do for You and Your Baby?

Child birth injury is deplorable and inexcusable. Children are precious, and they deserve the utmost care. Doctors, midwives, nurses and other health care professionals assume this responsibility day in and day out. It is their job to provide the highest quality care, but sometimes people can become complacent, errors can occur or birth complications may not be resolved properly.

The birth of a baby is considered to be one of the most joyous and happiest events of a parent’s life. However, for every 1,000 babies delivered in the US, five are known to experience birth-related injuries. These injuries are usually a result of the doctor not using medical devices properly or could occur due to the baby not getting enough oxygen during labor. When this happens, parents can consider hiring a competent birth injury lawyer to help seek redress. For more information, let’s take a look at what a birth injury lawyer can do for you and your baby.

The Legal Process for Birth Injury Cases

Typically, an experienced birth injury lawyer helps you understand the legal rights with regards to any medical negligence or careless mistakes made by your healthcare provider, gynecologist, or general doctor. (Some of the most common birth injuries covered by lawyers include shoulder dystocia, fetal lacerations, bone fractures, wrongful death, infant brain damage, and hypoxia). At the same time, the lawyer also works with you diligently to ensure that you have the best chances in proving your case. However, before that a birth injury lawyer first determines whether or not you do have a valid case.

Subsequently, birth injury lawyers typically start the legal process by going over your case information thoroughly. (To ensure the process moves faster, you can consider bringing in all medical documents or any other files that may help you win the case). Once done, the lawyer responsible for your case will begin the process of pre-litigation. This stage involves the collection of an expert list, a witness and other additional documents and evidence.

This enables them to carefully analyze the additional intricate details involved in your birth injury case. During this time, it is also not unusual for the attorney to propose a settlement amount. If the party responsible for the entire havoc (the defendant) declines to pay the amount and a settle cannot be reached, the litigation phase of your case begins. During this stage, your attorney will file a formal complaint against the defendant in civil court.

Once the complaint is proceed, the defense will be allotted a certain amount of time to respond to the case. This is where the ‘discovery stage’ of the cases begins, in which the defendant will be able to see the information and all complaints made against them. This means, they will be able to see the witness list, the evidence list, medical reports, and any other vital information that has been gathered by your attorney. Usually, most defendants will negotiate a settlement to avoid fighting a case in trial.

However, oftentimes it may be possible that the defendant does not agree to the settlement negotiated. If this happens, both you and the defense will need to be prepared. In these circumstances, the lawyer will fight your case and make sure you receive appropriate compensation for your loss. Also, keep in mind that your case could possibly be settled at any point once the litigation process has begun, regardless if it’s in the last week of the trial.

Regardless of whatever happens, it is important that the birth injury lawyer you choose has experience in dealing with complicated cases. So, make sure to interview numerous lawyers, before deciding on who will fight your case.

ABOUT THE AUTHOR: Terry E. Lumsden
During my more than 35 years as a practicing personal injury lawyer, I have focused solely on representing personal injury victims in Washington. I have worked on cases up and down the West Coast and throughout the Northwest, advocating and producing results for people who have been seriously injured because of someone else’s negligence.

Copyright Terry E. Lumsden, Attorney at Law

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

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