Nothing can entirely brace the parents for receiving the unfortunate news after complicated childbirth. The most-awaited, happy, and gleeful moments of welcoming a newborn in life can get shattered in just a matter of seconds. And you may find yourself immensely overwhelmed by a whirlwind of negative emotions such as infuriation and sadness when you get to know something is amiss.
As unfortunate as it sounds, these emotions aren’t unusual. However, after you have had the time to process your emotions and register the whole situation fully, various questions may cross your mind. For instance, what was the reason behind the birth injury? Why in the world did it happen to us? Could my child’s birth injury have been prevented in the first place?
Suppose your child has been a victim of the negligence of medical professionals. In that case, you must consider speaking to an experienced birth injury lawyer. While filing a lawsuit may not replace the damage, reverse the pain, and this might be the last thing you want during this devastating time. Nevertheless, you can at the very least attain peace of mind in knowing you took the right course of action to pursue justice for your child. But before we delve into the ways to find a reliable lawyer, let’s shed some light on the most common forms of birth injuries:
Cerebral palsy
The term ‘cerebral’ means relating to the brain, and ‘palsy’ refers to weakness with the body movements. Brain damage is one of the leading causes of cerebral palsy. However, deprivation of oxygen during childbirth and excessive use of vacuum extractors by medical professionals can also cause this injury.
Suppose your infant has fallen victim to such negligence of medical professionals. In that case, you can always take legal actions and pursue justice. Cerebral palsy lawyers can determine the value of your case and render assistance with legalities.
To find out more about this, schedule an initial consultation with the lawyer. That way, you can learn about your legal rights, the compensation amount, and what to expect when filing a lawsuit.
Perinatal asphyxia
Perinatal asphyxia occurs when the infant receives insufficient oxygen. Or it can either happen when there’s a decrease in the blood flow to the baby’s tissues – during, pre-or post-delivery.
Some of the primary causes of this injury include impediment to umbilical cord blood flow, detachment of the placenta from the uterus, and unusual development of the fetus.
Irrespective of the cause, infants generally appear lifeless and pale at the time of birth. Additionally, they may experience labored breathing, shock, and in some cases, even coma.
Brachial plexus injury
Brachial plexus refers to the bunch of nerves that constantly control the sensation and movement in the arms. These nerves stretch from the spinal cord through the neck and shoulder and go down to both arms.
When a midwife or other healthcare professional exerts too much force and pulls the neck and shoulder with extreme pressure, the brachial plexus may get damaged during delivery. And this damage can range from a mild injury to severe, leading to permanent disability. Again, a reliable birth injury lawyer can help you receive the rightful compensation.
Now that it’s established that a lawyer can help you file the birth injury claim. You may wonder what pointers you should factor into your decision when looking for the best lawyer to navigate birth injury lawsuits. Here are some of those:
Conduct research
First and foremost, conduct preliminary research about birth injury lawyers near you. For starters, you can look up information about various lawyers on the internet.
Once you have narrowed down your choices, ensure to read reviews left by previous clientele. These reviews are usually contingent upon experience, judgment, qualifications, and other various professional factors.
Another best approach is to ask for recommendations. You can get in touch with friends, family members, or colleagues who may have required the services of birth injury lawyers in the past. However, if they haven’t, you can ask them to spread the word in their circle for you. Or better yet, contact state and bar associations to gain more in-depth insights about your intended lawyer.
Check experience
Just as doctors specialize in various fields of medicine, in the same vein, lawyers specialize in different areas of law. For example, while some lawyers are well-versed in birth injury cases, others possess expertise in other areas such as surgical errors, misdiagnosis, or medical product liability.
So, before you retain a lawyer for your legal case, ensure that your choice possesses a substantial volume of information and vast experience in pursuing birth injury lawsuits. With more significant experience and in-depth knowledge, the chances of successful litigation within the birth injury concentration are greater.
Not only this, but these lawyers are also fully aware of the presiding judges and have access to the right resources to build a strong case.
Determine the fees
It’s no secret that attorneys at law charge legal representation and service fees. For instance, they may charge fees for talking to medical witnesses, submitting claims, investigating the evidence, or consulting with other professionals.
Notwithstanding, it doesn’t imply you need to break the bank or ransack your savings to engage a legal expert for your child’s birth injury case. The good news is most lawyers working in this area of law generally function on a contingency basis. Meaning you will only have to pay for their services if only they succeed in winning your lawsuit or reaching the desired settlement offer.