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Home » Blog » What Can A Lawyer Do In Birth Injury Cases?
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What Can A Lawyer Do In Birth Injury Cases?

By Legal Desire 6 Min Read
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Childbirth is a life-changing event for many. It ushers the arrival of a tiny and fragile individual to the outside world where excited and, oftentimes, anxious parents, grandparents, and even siblings await a new bundle of joy. 

This anxiety is understandable, as babies and mothers can be harmed before, during, or after birth when medical practitioners fail to deliver expected levels of care. Some of these birth injuries can be immediate and life-threatening that neonatal intensive care is required. Others may take time to manifest and can cause permanent physical and mental disabilities. In any case, birth injuries can be costly and devastating. Babies may need to undergo expensive medical treatments, while parents and their caregivers can be burdened with personal and economic losses as they provide lifelong care.

Those who believe their loved ones were harmed due to the negligence of doctors, nurses, and other hospital staff can seek relief by filing a medical malpractice lawsuit. Birth injury lawyers are the most suitable for this type of case, as they can provide competent assistance. They can serve as an ally for babies and their families in their quest for justice against prominent and even formidable healthcare institutions and professionals.   

 

What A Birth Injury Lawyer Can Do 

Birth injury is a special case of medical malpractice and requires the services of birth injury lawyers. They can assist with your birth injury case by providing the following:

 

  •  Consultation 

Birth injury lawyers often provide free consultations regarding your birth injury case. They consider its unique circumstances and look to similar court decisions and their experience to see if your case can be made into a medical malpractice lawsuit. They also brief you on what to expect regarding the case, especially when you’re filing a complaint against a prominent healthcare institution or a renowned practitioner.   

Birth injury lawyers also determine which statute of limitations cover your claims. A Detroit birth injury lawyer can help file your case within the 10-year prescription period and advise you on possible options, such as a trial or a settlement.

 

  • Gathering of Evidence 

Lawyers look for evidence to establish negligence as the basis of your birth injury claim. They obtain medical records surrounding the birth and any additional information from attending doctors regarding prenatal care provided to the infant.  

Birth injury lawyers also consult experts who serve in the same field as the practitioner in question. They inquire about prescribed levels of care and then measure the medical personnel’s actions as opposed to these standards. They ask if the same procedures during the birthing process or afterwards would have been done by another skilled medical professional. Birth injury lawyers then determine if the practitioner’s actions deviate from acceptable levels and regard these as a legal basis to establish harm for the mother and her baby.

 

  • Legal Representation 

Once sufficient evidence for medical negligence is obtained, birth injury lawyers can then prepare a case and file it in an appropriate court of law. They can represent you in court proceedings so that you can devote time to caring for your child with birth injuries. They also present the evidence gathered from medical records and expert testimony to show how negligence resulted in debilitating conditions for the mother, child, or both.

 

  • Negotiation During Settlement 

Birth injuries are often costly. Babies may need to undergo several surgeries or require years of therapy which can drain financial resources. It may even require additional caregivers and specialized equipment for lifelong care. 

Birth injury lawyers use hospital bills and other related expenses as a basis for calculating suitable compensation for any form of childbirth medical negligence. They negotiate with insurers and even go to court to obtain necessary resources and services for continued care and development.   

 

Conclusion 

While childbirth is often a much-anticipated event for a family, some are denied the joy of this experience when mother and child are harmed during labor or delivery. These injuries can be both immediate and permanent and can have life-changing implications for the child and the family. Seeking for relief can be a dauting task, especially when you have to contend with formidable institutions and established medical practitioners. 

Birth injury lawyers can dispel this concern by helping you pursue a medical malpractice case. To do this, they assess the circumstances of your case and establish medical negligence through medical records and expert testimony. They forward your interests to ensure that you receive the necessary resources associated to care and treatment. Birth injury lawyers can represent you in settlement negotiations. They’re even prepared to go to trial to secure sufficient compensation for the immense ordeal you and your little one had to go through. 

  

 

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Legal Desire April 1, 2021
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