If your child suffered a birth injury due to medical malpractice, your family may have the right to file a claim against the healthcare providers responsible. The Law Doc Firm can help you pursue the total amount of compensation you need to provide for your child’s future.
Our founding personal injury attorney is a board-certified neurologist and a licensed lawyer, which makes our firm especially well-suited for birth injury cases. Many of these injuries involve neurological damage that requires expert-level medical understanding to properly document and present. We bring that knowledge in-house and will use it to your benefit as much as possible.
Call us today for a free consultation. During our meeting, we can review the circumstances of your child’s birth and help you determine whether negligence played a role.
How The Law Doc Firm Can Assist With Your Family’s Birth Injury Case
Birth injury claims are among the most complex and emotionally difficult cases in medical malpractice law. Hospitals and their insurers will vigorously defend against these claims, often arguing that the injury was unrelated to the care provided. Overcoming these tactics takes a legal team with deep medical knowledge and the resources to go the distance.
The Law Doc Firm was built for cases like these. Our lead attorney’s neurological training allows us to understand the medical timeline of your child’s injury at a level that strengthens every aspect of your claim.
When you hire our trusted birth injury lawyers, we’ll:
- Conduct a thorough review of your prenatal, labor, and delivery records
- Identify specific points where the standard of care was violated
- Partner with top medical experts to support your case
- Calculate the full lifetime cost of you and your child’s economic and non-economic damages
- Manage all communication with the hospital’s legal team and insurer
- Take your case to trial if the other side won’t offer fair compensation
Contact our law offices today to get started. Your first consultation is completely free of charge.
A Brief Overview of Birth Injuries
Birth injuries can take many forms and range widely in severity. Some of the most common types include:
- Cerebral palsy, often caused by oxygen deprivation during delivery
- Erb’s palsy, a nerve injury in the shoulder that can result from excessive force during delivery
- Hypoxic-ischemic encephalopathy (HIE) is a form of brain damage caused by reduced oxygen and blood flow
- Intracranial hemorrhage, or bleeding inside the skull
- Facial nerve injuries from improper use of forceps
These injuries can result from a range of provider errors, such as:
- Failing to monitor fetal distress
- Delaying a necessary C-section
- Misusing delivery instruments
- Administering incorrect medication
The consequences of a birth injury can last a lifetime. Children with severe birth injuries may require around-the-clock care and ongoing medical treatment well into adulthood. The financial burden on families is enormous, which is why making sure you are fully compensated is crucial.
What Kinds of Damages Can I Recover in a Birth Injury Case?
Families affected by birth injuries can pursue both economic and non-economic damages. Punitive damages may also be available in extreme cases.
Economic damages may include:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Assistive devices and home modifications
- Special education expenses
- Lost earning capacity of the child
- Parents’ lost wages from caregiving responsibilities
Non-economic damages may include:
- The child’s pain and suffering
- Emotional distress experienced by the parents
- Loss of quality of life
- Loss of the parent-child relationship as it would have existed
Birth injury cases often involve permanent conditions, and so the lifetime value of these claims can be substantial. The Law Doc Firm will work hard to ensure that all of your damages are properly accounted for.
How Much Is My Birth Injury Case Worth?
The unique facts and circumstances of your birth injury case will ultimately dictate what it is worth. Some of the key factors that could influence the calculation include:
- The severity and permanence of the child’s condition
- The projected cost of lifetime medical care and therapy
- Whether the child will ever be able to live independently or hold employment
- The strength of the evidence linking the injury to the provider’s negligence
- The emotional toll the injury has taken on the family
Our medical background allows us to project future care costs with a level of accuracy that translates directly into a more compelling compensation demand. We won’t settle for less than what your family needs to provide for your child’s future.
Who Can Be Held Liable for a Birth Injury?
Depending on the circumstances, several parties may share responsibility for your child’s injury. Potentially liable parties include:
- The delivering physician
- Other staff involved in the labor and delivery process
- The anesthesiologist
- The hospital or birthing center itself
- Medical device manufacturers, if a defective instrument contributed to the injury
Identifying every party who may share liability is an important step towards ensuring your claim is as successful as it can be.
How Long Do I Have To File a Birth Injury Lawsuit?
Statutes of limitations for birth injury cases vary by state and can be complicated. Many states apply different rules when the injured party is a minor, often extending the filing deadline until the child reaches a certain age. Some states also apply a discovery rule that starts the clock when the injury is first identified rather than when it occurred.
Procedural requirements like certificates of merit or pre-suit review panels may also apply, depending on where you live. Missing any of these time limits and requirements can jeopardize your case entirely, so speaking with an attorney as soon as you can is strongly recommended.
Schedule a Free Consultation With an Experienced Birth Injury Attorney
No family should have to endure a birth injury and its aftermath. If this has happened to you, The Law Doc Firm is here to help you take appropriate legal action and work toward putting as much money into your pocket as possible.
Give our esteemed birth injury attorneys a call today at (702) 758-8888 or reach out online for more information. Your initial consultation is free of charge.