A lawyer who specializes in birth injuries is available for a new case evaluation. Birth injuries have several causes, and the specific details of each birth injury case are unique. A free initial case evaluation may help to evaluate each case. A birth injury lawsuit is a type of medical malpractice case that often is paid on a contingency basis. This type of lawsuit cost is a certain percentage of the settlement funds that are awarded for the injury case. Settlement funds for a medical malpractice birth injury case may request compensation for medical expenses, future medical care for the child, future lost income due to the cost of child care, and an awarded amount for pain and suffering.
Possible Birth Injury Caused by Negligence
A medical malpractice attorney is one who manages and represents a birth injury claim. Medical malpractice is a type of personal injury that has usually been caused by professional negligence. The medical negligence may be the result of one or more of the following medical reasons:
1. Less than standard medical care by the delivering doctor or other health care provider may have significantly contributed to the subsequent birth injury.
2. Certain proper procedures were not followed during the baby’s delivery. A baby’s shoulder may have gotten caught at birth resulting in a shoulder injury. Certain delivery procedures are required for all births, and not using a proper procedure may be cause for a medical investigation, at the least.
3. Too much force was used to dislodge the baby at birth. Using too much force to dislodge a baby at birth is an example of not following proper medical procedures. This type of negligence could result in a medical investigation as well.
4. Lack of oxygen at birth is a common cause of subsequent birth injuries or later developmental delays. Lack of oxygen has several delivery causes, and medical negligence is among the reasons for this delivery diagnosis.
5. Certain nerve damage was caused during the birthing event, and the nerve damage can be medically traced to a negligent act of a medical professional. Nerve damage at birth may be the cause of developmental delays later on, problems learning in school, motor and speech delays, and other neurological problems.
6. Birth injury negligence may be the result of poor follow up or poor planning on the part of the hospital or medical doctor. Certain tests are required both before and after birth. A woman during pregnancy has certain tests that are required in order to monitor the health of the baby. Any prenatal problems need to be diagnosed properly, and a failure to not diagnose a prenatal problem may be grounds for a medical malpractice lawsuit. Certain tests are required after birth as well. These required tests should be recorded and are a part of the medical records for each delivery. Failure to diagnose a condition can lead to the medical problem getting worse.
Birth Injury Attorney Process Evaluation
Not every birth injury is the result of medical malpractice. Other reasons that could cause certain neurological problems and developmental delays include the following:
1. Genetic predisposition is a term that is used for several childhood developmental delays. A child could inherit the speech problems or the reading delays. Certain neurological and psychiatric disorders are passed down from generation to generation.
2. The doctor or health care professional may be able to prove that standard operating procedures were used according to a set and predetermined process.
3. Certain hospitals and doctor’s offices have disclosure and risk statements that are signed before any operation is performed. The hospital may have a certain waiver against delivery procedures, and a medical malpractice attorney can research these exclusions for any potential client.
4. Negligence is hard to prove. An experienced medical malpractice lawyer may have a nurse practitioner look over any medical claims initially, for example. This allows each case to move forward only on sound legal procedures as well. A report from a medical expert is one of the first steps for a complete birth injury lawsuit.
Costs to Engage a Medical Malpractice Attorney
Birth injury lawsuits can be based on medical negligence during pregnancy, labor, or delivery. Certain tests and monitoring visits are needed to ensure the proper and healthy development of each baby. A medical malpractice lawsuit may be successful if the resulting medical damage is caused by medical negligence that can be documented. The cost of engaging a medical malpractice attorney may be settled as a contingency fee arrangement. This means that the successful attorney is paid a percentage of any settlement funds that are awarded for medical negligence and birth injury.
Other Costs for a Birth Injury Lawsuit
Other costs may be incurred for a birth injury lawsuit. There are office fees and travel fees that can add up for any lawsuit that is filed. Certain documents will need to be copied and mailed. Travel time to and from the court house or to and from the lawyer’s office may be an expense to consider. Time will be needed to meet with the nurse adviser. Documents will be needed from every medical practitioner involved. Time away from work may be a factor to consider before taking on a sizable lawsuit of this magnitude. Medical malpractice lawsuits tend to be large and can affect other areas of a claimant’s lifestyle. Certain considerations need to be taken into account before embarking on a lawsuit journey.
A birth injury lawyer is a medical malpractice specialist. Medical malpractice is an area of personal injury law that has undergone several changes over the past several years. There have been monetary caps placed on the amount of settlement funds that may be awarded. There are rules and regulations that a birth injury lawyer will understand and explain. A personal injury lawyer has a job to represent each client as a unique case and to gain the best settlement legally possible.