When your child has become a victim of a birth injury due to some form of negligence on the part of the medical personnel, you have full legal rights to seek compensation. However, since you cannot take on these individuals or parties by yourself, you’ll need the help of the most competent lawyer you can find.
But before you get legal support for birth injuries, there are a few core things you need to know. We have compiled a list of them in this article to guide you.
Not Every Lawyer is Qualified for a Birth Injury Case
It’s tempting to assume that any personal injury lawyer can handle a birth injury case. After all, it falls under the personal injury umbrella, right? Well, it’s not quite so. Birth injury lawsuits are some of the most complex medical malpractice cases out there. They require in-depth knowledge of both legal and medical fields, and not every lawyer is up to the task.
You need an attorney with a solid track record in birth injury cases specifically. A lawyer who has handled car accidents or slip-and-fall cases won’t necessarily know how to fight against a hospital’s legal team or interpret neonatal medical records. To increase your odds, you should look for someone who specializes in birth injuries and has successfully won cases similar to yours.
The Difference Between a Birth Defect and a Birth Injury
Before you move forward, you should know that not every complication at birth qualifies as a birth injury. A birth defect is a condition that develops while the baby is still in the womb, often due to genetic factors or environmental influences during pregnancy. A birth injury, on the other hand, happens because of medical negligence or improper care during labour and delivery.
A good birth injury lawyer will help determine if your case is legitimate by reviewing medical records, consulting experts, and analyzing what went wrong. But before you even get to that stage, you should have a basic understanding of whether your situation falls under birth injury law.
Expect a Lengthy and Complex Legal Process
Birth injury lawsuits don’t wrap up in a few months. These cases can take years to resolve, especially when hospitals and insurance companies fight back, which they almost always do. They will hire their own medical experts to argue that the injury was unavoidable or due to natural complications. That’s why it’s critical to hire a lawyer who has the resources and stamina to fight long battles.
The process typically involves gathering evidence, obtaining expert medical opinions, filing the lawsuit, going through pretrial negotiations, and possibly taking the case to court. A skilled attorney will keep you informed every step of the way, but be prepared for a long and emotional road ahead.
The Importance of Acting Quickly
Birth injury lawsuits are subject to statutes of limitations, which means you only have a limited time to file your case. This timeframe varies depending on the state, but in many cases, it’s within two to three years from the time of the injury or from when the injury was discovered.
However, because these cases require thorough investigation, medical reviews, and expert opinions, it’s best to act as soon as possible. Waiting too long can make it harder to gather evidence and build a strong case.
Finding the Right Lawyer: What to Look For
When searching for a birth injury lawyer, look for someone with:
- Proven experience with birth injury cases
- Strong medical knowledge and access to top medical experts
- A willingness to take the case to trial if needed
- Clear communication and transparency about fees
- A track record of securing substantial settlements or verdicts
Take the time to research, ask for referrals, and schedule consultations before making a decision.
