A child’s birth should be one of the happiest days in a parent’s life. According to statistics, parents have a good reason to expect that the process will be smooth and safe, but in reality, medical experts can sometimes make life-threatening mistakes in the delivery room. A birth injury attorney is specialized in reviewing the facts associated with birth. He/she can help you understand the role the medical experts and the hospital played in the injury.
Finding the Best Lawyer to Handle Your Birth Injury Claims
Medical malpractice is one of the most specific fields in law. Most of the medical malpractice attorneys deal with surgical errors, cancers misdiagnosis, birth injury, and some cases of medical negligence. The key to finding the best birth injury attorney to handle your case is to check on their specialty, skills and experience especially if the case is too technical.
When consulting your potential lawyer, it would be quite useful if you’re going to provide some copies or any documents related to your case. They’ll be able to evaluate your documents and give you some recommendation on what steps to make. Therefore, it would be helpful if you know what questions to ask them.
How They Accept Your Case
In most cases, birth injury lawyers accept their cases on a contingency basis meaning. Their fee is part (usually one-third) of the total amount claimed by the plaintiff from the negligent party – after all, other fees, and costs are deducted.
On the other hand, they can handle your case on a retained basis meaning, you’re going pay the attorney’s fee and all other costs but will receive the entire settle meant after winning the case. Therefore, depending on your resources, you can choice either the contingency option or the retained option. Contingency option is always cheaper.
Malpractice Cases Which Your Birth Injury Attorney Can File
- Cerebral Palsy/Brain Damage – This is the most common long-term condition which continues to plague many children who experienced complications during childbirth. It usually occurs when the baby lacks sufficient oxygen during childbirth. It normally affects the child’s ability to coordinate or control their muscle movement.
- Brachial Plexus Palsy/Erb’s Palsy – This is a condition in which the baby’s shoulders, arms or head are pressed by its mother’s pelvic bone. In most cases, this condition causes severe nerve injuries which can be treated within the first two years of baby’s life.
- Shoulder Dystocia – This type of condition normally takes place when one or both shoulders of a baby come into contact with its mother’s pelvis. If this condition isn’t properly handled by the doctor, it can result in a variety of complications.
- Klumpke’s palsy – This condition causes paralysis to certain areas of the collar bone, and it’s one of the most common injuries that occur during childbirth.