When Do I Need A Birth Injury Attorney?
Bringing a baby into the world is often one of the most joyful experiences people have. Unfortunately, a healthy baby can sometimes have a traumatic delivery that results in lifelong medical issues. When this occurs, it can be difficult for the parents to obtain answers about what went wrong during the birth.
Nothing can fully prepare a parent for bad news following a difficult labor and delivery. A birth injury lawsuit is one way to seek compensation for medical treatment and other expenses when injuries are caused by medical negligence.
You do not have to suffer alone if your baby was injured during birth. A Pennsylvania birth injury lawyer can assist in determining whether the baby’s injuries were caused by negligence or medical errors. Negligence during childbirth can result in neurological disorders such as cerebral palsy and brachial plexus injury (Erb’s palsy). The symptoms of these disorders range from mild to severe, with some children’s injuries requiring lifelong care.
Other serious injuries can occur when a doctor uses excessive force to deliver a baby or fails to monitor the baby’s condition during labor or delivery. These are some common birth injuries:
- Head Injury
- Tissue damage
- Brain damage
Such injuries are avoidable when the appropriate level of care is taken, which is why you need a legal professional to investigate whether your child’s injuries were caused by medical negligence.
Every year, a significant number of birth-related injuries are reported in the United States. According to data published in the National Healthcare Quality Report, for every 1000 births taking place in the United States, an average of 6.68 male infants and 5.08 female infants suffer birth injuries.
There are also many incidents that go unreported every year, despite the child and parents facing severe consequences. Sometimes, injuries can impact the remainder of the child’s life, leaving visible scarring or chronic disabilities. Many people do not notice health issues until several years after birth.
Some people may not learn of their child’s injuries until undergoing a thorough health check-up at a later date. Some parents are never informed that their child’s health condition was caused by an avoidable birth injury caused by someone’s negligence.
Negligence by doctors and other health care professionals that cause injury to a newborn child should not go unnoticed. Therefore, you should speak with a legal professional to explore all legal options before time runs out. A knowledgeable attorney will help you recover compensation and may prevent others from facing a similar situation.
Contact A Birth Injury Attorney Philadelphia Residents Trust
Medical malpractice and birth injury laws are complex and require extensive knowledge about both law and medicine. You will want to contact an attorney who has experience investigating similar cases in which a child was injured and proving medical malpractice liability.
An attorney can examine diagnostic tests, fetal monitoring strips, and other medical records to determine what happened during the delivery. They will also collaborate with medical experts to determine the appropriate standard of care under the circumstances and whether the child’s injury could have been avoided.
- The First Contact
When you call a law firm, the first thing that happens is that a legal professional takes down your contact information and begins gathering information. They may ask you basic questions about your pregnancy, any medication you were taking, any complications that occurred during the pregnancy and the delivery itself, as well as anything else that might be pertinent to your case. Nothing should be ignored. You should not hesitate to discuss the details of the incident. Every detail matters.
- Interview with an Attorney
Based on the initial consultation, an attorney will decide whether to refer you to other resources or further investigate your child’s injuries. An attorney should only agree to accept a case if there has been an avoidable medical error. In any case, any qualified birth injury attorney Philadelphia residents turn to should have a number of helpful resources available to you.
- Phase of Investigation
If the attorney believes there was a preventable medical error, the next step is to look into what happened. They may contact the hospital or the medical professionals involved with your labor and delivery to obtain additional information.
They may request other medical records for both the mother and the child. In addition, they can consult with independent medical professionals and experts to review the medical records and determine whether there was a preventable medical error in their opinion. Whether or not a preventable medical error is discovered, the attorney will do everything possible to assist you.
- Filing a Lawsuit
When proof of a medical error is discovered, which is usually identified during the early stages of the investigation, the next step may be to file a lawsuit. A Personal Injury Attorney will then conduct what is known as “discovery” after filing a lawsuit and notice has been served to the opposing party. Discovery is the legal term for the official process of obtaining available evidence. It is how attorneys delve deeper into the facts of a case to determine whether a preventable medical error caused the injury.
- Mediation Phase
Many cases are settled during or after the discovery process. If a case does not settle at this stage, the next step is usually mediation. Both parties will meet and present their case to a neutral mediator during mediation. It is possible, however, to bypass mediation and proceed directly to trial.
- Trial Phase
Both parties will have the opportunity to present all of their evidence at trial, either before a jury or a judge. In addition, parties will be able to summon witnesses and question them about the injury and the medical standard of care.
Everyone has an opportunity to be heard during a trial. The purpose of a trial is to ensure that justice is served and that a fair outcome is obtained. If successful at trial, a verdict in your favor will be rendered. A successful verdict will confirm that there was a medical error, that it could have been avoided by exercising the appropriate standard of care, and that the medical mistake was the legal cause of the injury.
Legal Professionals Can Be of Great Help for Birth Injury claims.
Getting legal help for a child who has suffered a birth injury can make a significant difference in his or her life, as well as the lives of the parents.
Because early intervention is often critical to improving a child’s well-being, it is important to act quickly. If you are unsure whether a preventable medical error caused your child’s injury, our birth injury attorney Philadelphia can assist you.