If you are sure that your child is the victim of medical negligence, you may have to secure the services of a birth injury lawyer. They will help you file a case against the medical personnel in charge of the birthing process at the time.
Every parent would like their child to be born into this world without any birth defects, to be perfect in every way, and to grow up healthy and happy. Unfortunately, that’s not always the case. One out of 20 newborns suffers from a birth injury daily.
A birth injury may take that kind of future away from your child, especially when it is still a helpless newborn infant. If you think that your newborn child has just suffered a birth injury, you may need to talk to a birth injury lawyer right away.
What Does a Birth Injury Lawyer Do?
A birth injury lawyer is a lawyer who specializes in filing lawsuits against people who may have caused or contributed to birth injuries of an infant that they were in charge of at the time that the mother was pregnant, went into labor, and throughout delivery.
The point of filing such a lawsuit is to secure monetary compensation to help the family of the birth injury victim secure appropriate medical treatment for the victim.
The settlement or damages awarded to a birth injury victim may go towards securing assistance from reputable specialists in birth injury treatment. Part of the money may also be spent in hiring a caregiver for the victim. Hiring a caregiver may be necessary if both parents or guardians have to work or if neither parents have proper training and expertise to care for the special child.
If you are seeking advice on how to hire a caregiver for your child who had a birth injury, you may read more here.
When Should You Hire a Birth Injury Lawyer
It becomes necessary to hire a birth injury lawyer when you receive word from the pediatrician in charge of your newborn infant that there are birth injuries. This may occur right after childbirth.
Depending on the severity of the birth injuries, it is wise to seek the advice of medical birth injury specialists immediately to assess the damage and treat the issue right away. These birth injury lawyers will inform you if the birth injury was definitely due to medical negligence. If so, you may file a case against the medical professional in charge of the birthing process.
You should seek the advice of a capable birth injury lawyer before you pursue any action against the medical personnel implicated in the birth injury. This is because you, the parent, have the so-called “burden of proof.” This means that you have to have conclusive evidence that there was, indeed, medical negligence on the part of the attending doctor, nurse, or midwife during the birth of your child.
To come up with this evidence, you have to seek documents at the hospital or health center where you gave birth. These documents have to show definite proof that medical negligence occurred. You have to show these documents at the trial, but since, as a layperson, you don’t know what kind of documents to look for, you will need the guidance of a capable birth injury lawyer.
How to Find the Right Birth Injury Lawyer
It can be challenging to search for a capable birth injury lawyer simply because there are so many of them on the Internet. To find the right one, you should look for one that practices in your immediate community, specializing in birth injury cases.
Looking for one online is helpful because you won’t have to add travel expenses to your growing list of items to pay for. However, if someone gives you a referral to a reputable birth injury lawyer who is known for winning medical negligence cases, you should go for that tip. It might prove beneficial.
You should schedule an interview with the lawyer right away. Remember, you are the one who will be paying the fee, so don’t be afraid to ask about the lawyer’s qualifications.
The lawyer has to have experience in litigating birth injuries like the one that your newborn infant has. Ask about how many cases the lawyer has handled and won, especially in the area of birth injury law and specifically in relation to birth injuries such as those of your child. This is important because you do not want an inexperienced newbie to handle something as important as the future of your child in case the inexperienced lawyer loses the case.
A capable birth injury lawyer will be able to assess your case for you, starting with the extent of the birth injuries. The lawyer may ask you to narrate the circumstances of the birth itself. These are important to know so that the lawyer will be able to judge whether you have a solid case or not. Only then should you hire that particular lawyer.
Conclusion
Though raising a child with birth injuries can be difficult, it can become easier if you have sufficient funds to pay for medical treatment and caregivers.
If you are sure that your child is the victim of medical negligence, you may have to secure the services of a birth injury lawyer. They will help you file a case against the medical personnel in charge of the birthing process at the time.
The compensation you receive from a court judgment or from a settlement will definitely help you pay for the lawyer’s fees as well.
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