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 504-608-0400 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.

Frequently Asked Questions

How Do I Know If I Need A Lawyer?

Determining if you need a Louisiana birth injury lawyer often depends on the circumstances surrounding your child’s birth. If you suspect that your child’s birth injury resulted from medical negligence or malpractice, it’s crucial to consult with an experienced attorney. Common signs include unexplained injuries, developmental delays, or complications during delivery. The Law Offices of Frank D’Amico, Jr. is here to help you assess your situation and guide you through the legal process.

What Types Of Birth Injury Cases Can A Lawyer Help With?

We handle a wide range of birth-related injuries and medical malpractice cases. These can include cerebral palsy, Erb’s palsy, brain injuries, shoulder dystocia, and more. If you believe your child has suffered a birth injury due to medical negligence, our legal team can provide guidance and representation to seek justice and compensation.

How Can A Louisiana Birth Injury Lawyer Assist My Family?

We have a crucial role in advocating for your family’s rights and seeking compensation for your child’s injuries. They will investigate the circumstances surrounding the birth, gather medical records and professional opinions, and build a strong case on your behalf. Your attorney will negotiate with medical professionals and insurance companies to ensure you receive fair compensation for medical expenses, ongoing care, and the emotional toll of the injury.

What If I Can’t Afford A Lawyer?

Many reputable Louisiana  birth injury lawyer offices work on a contingency fee basis. This means that you won’t have to pay any upfront legal fees. Instead, your attorney’s fees will be contingent on winning your case and obtaining compensation for you. If you don’t win your case, you typically won’t owe any attorney fees. This arrangement ensures that families can access experienced legal representation, regardless of their financial situation.

Is There A Time Limit To File A Birth Injury Claim In Louisiana?

Yes, there is a time limit, known as the statute of limitations, to file a birth injury claim in Louisiana. The statute of limitations varies depending on the specific circumstances of your case. It’s crucial to consult with a lawyer as soon as possible to ensure you meet all deadlines and protect your legal rights. Delaying legal action can limit your ability to seek compensation for your child’s injuries.

Facing a birth injury is an emotionally challenging experience for any family. If you believe your child’s birth injury resulted from medical negligence, The Law Offices of Frank D’Amico, Jr., your trusted Louisiana birth injury lawyer, is here to provide compassionate support and legal guidance.

Don’t hesitate to reach out to us if you have questions or concerns about your child’s birth injury. Your child’s well-being and your family’s rights are our top priorities. Contact our offices today to take the first step toward justice and fair compensation. We are dedicated to fighting for your family’s rights during this difficult time.