Feb 03 2025 2 mins
What does it mean to be a birth injury attorney?
A birth injury attorney is a legal expert who specializes in defending families whose newborns were injured as a result of medical negligence during pregnancy, labor, or delivery. These attorneys concentrate on situations in which healthcare practitioners, such as doctors, nurses, or hospitals, failed to fulfill the standard of care, causing preventable injury to the baby. Cerebral palsy, brachial plexus injuries, Erb's palsy, brain damage from oxygen deprivation, and fractures caused by inappropriate use of delivery equipment are among the most common birth injuries. A birth accident attorney assists families in understanding their legal rights and navigating the complex process of bringing a medical malpractice claim. They look into the circumstances surrounding the accident, analyze medical records, speak with medical specialists, and develop a compelling case to prove carelessness. Their purpose is to recover compensation for medical bills, continued care, rehabilitation, lost income, pain and suffering, and other associated costs. These attorneys often work on a contingency fee basis, which means that families do not pay any upfront expenses and only pay legal fees if the case is successfully handled.
What is the average duration of a birth injury lawsuit?
A birth injury lawsuit might last anywhere from several months to a few years. Several factors influence the timing, including the case's complexity, evidence availability, and whether the matter is settled out of court or goes to trial. Initially, the procedure begins with an investigation in which your attorney collects medical records, speaks with expert witnesses, and assesses the evidence to determine whether medical negligence happened. Depending on the complexity of the case, this step can last many months. After filing a case, both sides begin the discovery process, which includes exchanging information, taking depositions, and gathering expert testimony. Discovery can last a year or more, especially if there are disagreements on evidence. Many birth injury cases are resolved during pre-trial negotiations or mediation, which can minimize the time frame. If a settlement is not reached, the matter may go to trial, which can take months or even years owing to court scheduling and the trial process itself.
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