Birth Injuries

Medical negligence resulting in birth injuries

Giving birth to a child is one of the most beautiful and exciting times in the life of a young family. This wonderful experience can go from beautiful to horror show in a matter of seconds if the child sustains injuries during birth. There are a number of different factors that could cause a child or a mother to get injured during birth, and some of them simply cannot be avoided. Others, however, are due to negligence on the part of the medical staff performing the delivery. This negligence can lead to your child sustaining severe injuries, such as mental retardation and paralysis.

What is a birth injury attorney?

If you have had a child who sustained injuries during birth, it is time to consult with a birth injury lawyer. You may not be familiar with what a birth injury lawyer is or what exactly they do. A birth injury lawyer is simply an accident lawyer that focuses their practice of law in the area of birth injuries. The reason this person specializes in this particular area is because birth injuries involves a lot of medical law, which can be quite complicated and requires someone to be a student of this type of law and keep up to date in the changes that occur on a regular basis.

When you hire a birth injury attorney, the first step in the case building process will be for the attorney to conduct a full investigation into the injuries the child sustained. The attorney will spend many hours with paid staff and investigators going over the various medical charts and test results looking for evidence to prove the child’s injuries were sustained due to negligence on behalf of the doctors and nurses performing the delivery. Your attorney will then move on to looking through the medical doctor’s background history to make sure there were no other similar incidents.

Once all the evidence has been gathered, your birth injuries attorney will take care of filing the lawsuit and all of the forms that are needed to get the ball rolling. If the evidence is sufficient and overwhelming, the case might not go to trial and those involved might make a settlement offer. You and your attorney can determine whether or not to accept the offer or take the individual to court. The doctor and staff involved could potentially lose their license to practice medicine if they are found to be the cause of the child’s injuries.

For more information please contact The Law Offices of Frank D’Amico, Jr. today at 504-525-7272 or fill out our Case Consultation form for a free evaluation.

Services From A Birth Injury Attorney

When you are in need of legal services from a reputable lawyer like one from The Law Offices of Frank D’Amico, Jr. one of the first things that they can do for you is to conduct a case assessment. Determining whether or not you have a valid claim is the first thing that they will do for you. They will examine the case from many different angles, and assist you with tasks like gather evidence and information to build your case. From there, they can evaluate possible actions that you can take so that a claim can get started. Other legal services that they can help you with include assistance with legal paperwork, providing an explanation of your legal rights,

Common Issues A Lawyer Resolves 

A qualified lawyer like one can provide you the specific legal assistance that you need. Common issues found in birth injury cases include missing legal documents, gathering enough evidence, speaking with the other party and negotiating a settlement. In many cases, communicating with the hospital and their legal team can be complicated and troublesome, so a lawyer will understand what to do and how to best approach the case.

Types Of Birth Injury

A birth injury is a type of injury that a mother or the child suffers before, during, or after the labor and delivery process. When a mother is giving birth, the medical team must follow specific procedures to ensure that both the mother and the baby are in good health throughout the entire process. A single careless mistake can be enough to result in a serious injury which can threaten the life of the mother and baby.

There are many different kinds of complications that can occur during the birthing process. A doctor, nurse or other staff member can make a mistake. Whether a patient is going through a natural delivery or will be undergoing C section operation, every step must be carefully followed by the medical team to prevent an injury. Injuries can happen once a baby is delivered as well. Some common types of birth injuries that an attorney regularly sees includes:

  • Bruises from forceps
  • Facial paralysis
  • Hemorrhage
  • Fractures
  • Brain injury
  • Nerve or spinal cord injuries
  • Abdominal birth injury

What Qualifies As Malpractice

Medical malpractice covers a range of conditions and scenarios, as a seasoned birth injury attorney from The Law Offices Of Frank D’Amico, Jr. can explain to you. In order for a case to qualify as malpractice, certain conditions must be met. You must be able to show evidence that a doctor or medical professional whose care you were under was not able to give you care that a professional of similar skill and qualification could provide. Because medical malpractice is such a complex type of case, a lawyer who has had many years of experience can boost your chances of achieving a fair settlement.

Schedule a Consultation 

With so many details to understand and find out regarding your birth injury claim, it is a good idea to schedule a consultation with a lawyer as soon as you can. Find out more information from a lawyer that you can trust like one from The Law Offices Of Frank D’Amico, Jr. right away.