When doctors and nurses deliver babies, they are supposed to follow clear standards. But babies and families suffer when they do things that they shouldn't and make mistakes. Poor medical care during birth is often to blame for birth injuries like cerebral palsy or brachial plexus injuries. There needs to be more than just a complaint in these situations; there needs to be legal action.
This is the main reason why many families choose to hire an experienced birth injury attorney when something goes wrong. These lawyers know how to examine medical records and consult with experts. They help figure out what mistakes were made and how they caused harm. To hold a medical team accountable is where the real work starts.
Investigating Medical Negligence
Sometimes birth injuries are not noticed right away. Some only become clear after a child has missed important developmental stages. First, the lawyer reviews documents from the mother's pregnancy, labor, and delivery. If red flags show up, the lawyer works with medical experts to find out if there was negligence.
Negligence may include:
· Incorrect use of delivery tools like forceps or vacuum extractors
· Failure to monitor the baby's heart rate during labor
· Delaying the C-section when it was clear the baby was in danger
· Failure to detect or treat infections during pregnancy
All of these mistakes can cause lifelong problems. A skilled lawyer can prove how and why these mistakes happened.
Gathering Strong Evidence
Lawyers need strong evidence to prove negligence. That starts with the medical records and care history of your child. But they will also get:
· The views of expert witnesses
· Hospital procedure logs
· Birth pictures or videos, if you have them
· Notes from nurses or support staff
· Bills and therapy reports
These details paint a full picture of what happened and how much it has cost your family. The goal is to build a strong case that can be used to reach a settlement or in court.
Filing the Lawsuit
The lawyer files a formal complaint once there is a strong case. This lawsuit is against the hospital or liable medical staff. Every state has time limits for these cases, known as statutes of limitations. A birth accident lawyer knows these rules and makes sure everything is filed on time.
The lawsuit officially begins the legal process. It also lets the hospital and its lawyers know that the family is determined to get justice. This can often speed up talks about a settlement.
Negotiating Compensation
Lawyers try to get opponents to pay the amount of money that the injury really costs. That includes both past and future costs, such as:
· Special medical equipment
· Home modifications for wheelchair access
· Ongoing nursing care and therapy
· Educational support and tutoring
· Lost wages if a parent quits working
A good lawyer will try to get a settlement that covers all of these things. They are ready to go to court if a fair offer isn't made.
Representing Families in Court
Most birth injury lawsuits are settled without going to court. When they don't, though, your lawyer speaks for you in court. They present the evidence, question witnesses, and argue for the full compensation your child needs. The doctors and nurses who did something wrong will be held accountable in front of a judge and jury.