A lawyer can help with a birth asphyxia claim by helping families of children affected by this type of birth injury navigate the legal process and seek compensation based on their child’s diagnosis. According to the Centers for Disease Control and Prevention (CDC), the neonatal mortality rate has steadily declined since 1995 and dropped 16 percent between 2005 and 2017. What this means is that many babies are now surviving birth injuries that previously took their lives.
If your child suffered a birth injury because of neonatal asphyxia, your family could build a case against the doctor, clinic, or medical care provider. You may be able to hold them responsible for the injuries, lifelong impairments, pain and suffering, and other losses your child endured and continues to endure. Your family may also be eligible to recover compensation to help pay for your child’s treatment and care.
Your Law Firm Should Provide Legal Services and Support
Hiring an attorney who regularly handles birth injury cases in your state will ensure you meet all necessary deadlines and standards set by the state’s malpractice laws. An attorney can also help make the entire legal process easier on you. They can handle your legal case while you focus on your child’s treatment and therapy schedule.
Your attorney will evaluate your case, explain your rights, and work to protect them. They will answer your questions and discuss your case with you in-depth. They will take steps to prove negligence and show malpractice occurred in your case. This requires:
- Gathering evidence
- Assigning liability
- Obtaining the necessary medical records
- Working with a medical expert to review the evidence
- Providing any affidavit or other documentation required under state law
Assuming you have a strong case and expert testimony confirming medical malpractice, your attorney may be able to negotiate a settlement outside of court with the doctor or hospital to recover a settlement from their malpractice insurance carrier. If the malpractice insurance carrier refuses to accept responsibility, your lawyer can file a birth injury lawsuit in civil court and represent you and your child at trial.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Your Lawyer Can Seek Fair Compensation in Your Child’s Case
One important way a lawyer can help with a birth asphyxia claim is by ensuring you understand what your case is potentially worth. Recovering a fair payout in this type of case is critical because it will ensure your child receives—and continues to receive—the care and support they need. This could include:
- Medical treatment and medications
- Prescribed therapies
- Ongoing care costs
- Medical devices and equipment, such as wheelchairs and walkers
- Additional tools that make their life easier
You can also seek compensation to cover your current expenses and losses, such as medical bills related to your child’s diagnosis and initial treatment, lost wages from time you took off from work, out-of-pocket expenses, and more.
Your attorney will also help you understand the value of your intangible losses, such as the pain and suffering your child endured and will continue to endure, emotional distress related to their injuries, and more.
Your Lawyer Will Likely Work on a Contingency Basis
Medical malpractice attorneys who represent families in birth injury cases most commonly do so based on contingency. They understand that your family does not have the extra money to pay for their services and representation upfront. Instead, they provide you with legal services with no out-of-pocket fees.
When an attorney works based on contingent fees, their client never pays them from their own bank account. The attorney receives their fees as a prearranged percentage of the total payout they recover for their client.
If your lawyer cannot secure compensation based on your child’s birth injury, they will not get paid. Your lawyer only receives fees if you recover a financial award in your case.
"We know first-hand what you are going through."
Speak with the Birth Injury Lawyers Group About Your Case
You can get help with your legal claim today by reaching out to the Birth Injury Lawyers Group. Our team offers complimentary consultations for families whose child has complications related to birth asphyxiation or another serious birth injury. We will discuss your case and review the facts to determine if you may have legal grounds to hold a doctor, healthcare facility, or another party liable.
Get started right away by calling (800) 222-9529.
"We are committed to helping families who have suffered medical negligence."