Frequently Asked Questions
FAQs
- What type of damages might I collect for a birth-related injury?
A: Expenses for attorney fees, court costs and medical bills are commonly awarded. You may also secure monetary damages for personal pain and suffering experienced by the baby or the mother during delivery or as a result of associated mental anguish.
- Will a lawyer take every birth injury case?
A: Medical malpractice attorneys accept such cases based on their potential for success in court. Even if your baby has a documented medical condition arising form a birth injury, if evidence or expert testimony is lacking, it may not be economically or legally viable to pursue the claim in court.
- As parents of a child diagnosed with cerebral palsy, how do we determine what was the cause?
A: As parents of a child diagnosed with cerebral palsy you will need to determine whether your child experienced asphyxia during labor or delivery and whether or not the doctor failed to recognize signs of developing asphyxia. Many times there is a window of opportunity for minimizing the child's brain injury. You as a parent… read more…
- Can trauma to the child during birth cause brain injury such as cerebral palsy?
A: Yes, especially if the labor and delivery was traumatic and caused asphyxia or insufficient oxygen to the child's brain. Although there are other potential causes, asphyxia during birth is a significant cause of cerebral palsy and it is preventable.
- What kind of evidence do I need to prove my baby sustained an injury at birth?
A: Medical records, pharmaceutical orders, state hospital care standards, and testimony of medical experts on birth disorders all play a part in comprising the evidence needed to sway a judge and jury.
- What is needed to prove causation or malpractice in birth injury cases?
A: The facts of your child’s medical or mental health condition will have to prove that serious injury was sustained during or related to the delivery procedure, or to drugs taken by the mother during pregnancy. The actions of medical care staff will have to be shown to stem from negligence or failure to adhere… read more…
- How can I bring a birth injury claim against my doctor or hospital?
A: You will need to contact an experienced birth injury attorney who practices in your state. He or she will build your case based on available evidence and accepted standard medical procedures, and then make an argument before the state court. Your case will be subject to the tort laws currently in place in your… read more…
