As the name suggests, a birth injury is a type of personal injury that happens during labor and delivery. This could be a nightmare for any parent, and in many cases, the healthcare provider’s fault could be the reason behind such injuries or mishaps. In such circumstances, parents can decide to file a birth injury claim and sue the at-fault party for their negligence. Such injuries include fractures, cephalohematoma, cerebral palsy, and fractures. Because proving birth injuries is often hard, you need to contact an attorney and seek their expertise on the matter.
Don’t delay in calling an attorney
Different parties could be liable for a birth injury. For instance, the nurse or obstetrician could be at fault because they lacked the training or failed to do everything possible to prevent the mishap. However, it is important to understand that your physician or nurse may not always be responsible for the injuries suffered by your child at the time of birth. That’s one of the key reasons why you need an attorney in the first place. Select law firms in Philadelphia deal with birth injury cases frequently and can offer an obligation-free estimate for your case. Also, you just have two years to file a case, which means you have to take action immediately.
How to know if the disability was because of a birth injury?
That’s often the biggest aspect of such cases. Medical science and technology have come a long way, and if your doctor had told you about the condition or possible outcomes of the delivery during the course of the pregnancy, you could not typically sue them. Your doctor, however, must relay the information they find after the tests. An attorney can review the facts of the case and help determine whether your child’s disability is related to a congenital disability or is a result of medical malpractice. Lawyers also work with medical experts in such cases, and they will only advise you to take the case ahead if they believe there is a case of medical malpractice.
How much do lawyers charge for birth injury claims?
It depends, but you don’t have to pay an upfront fee. Most lawyers take birth injury claims on a contingency fee, which is a share of the compensation you receive, and this means that they only get paid if you win.
Call a lawyer today and ask for their insight about your birth injury claim.