A lawyer can help with a newborn brain ischemia claim in numerous ways. Because many states have complex rules regarding medical malpractice, and the process for proving negligence and seeking compensation can be difficult, enlisting the help of an attorney could greatly reduce your stress. Having a legal team to take care of your birth injury case will also allow you to focus more fully on your child’s needs, providing ongoing support and care.
Most medical malpractice attorneys represent families of children with infant brain ischemia or another birth injury based on contingent fees. This means they will not charge you an advance for their services. The attorney will only get paid from the compensation they recover on your family’s behalf if and when you win your case.
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A Birth Injury Attorney Will Understand What Is at Stake
Because infant brain ischemia is one of the most common ways brain injuries occur in babies, your attorney will likely be familiar with similar cases. These injuries occur because there is an interruption in the blood flow to the baby’s brain. There are many reasons why this can happen, and some are preventable or treatable.
Infant brain ischemia is sometimes referred to as a newborn ischemic stroke. The implications of an ischemic stroke in a newborn can vary significantly. As the Journal of Cerebral Blood Flow & Metabolism states, there is a possibility of “significant morbidity and severe long-term neurologic and cognitive deficits” related to this type of event.
Long-Term Outcomes
Some long-term or permanent outcomes for children who suffer this type of neonatal brain injury include:
- Epilepsy
- Cerebral palsy and other motor disorders
- Neurodevelopmental concerns, including cognitive impairments
- Behavioral implications
- Vision or hearing loss
- Speech and language difficulties
Many children with newborn brain ischemia have only mild symptoms, and others can gain significant skills and mobility through treatment, therapy, and other interventions. However, others require around-the-clock care and support to ensure their medical and emotional needs are met.
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Your Case May Depend on the Testimony of an Expert
One significant way a lawyer helps with a newborn brain ischemia claim is by identifying and calling on a medical expert witness to document what happened and confirm that medical negligence occurred. It is often challenging to prove a medical malpractice case without a strong expert witness.
In fact, many states require you to have one available at some point in the medical malpractice claims process. Depending on the laws in your state, you may need to provide:
- Documentation that your lawyer met with an expert who confirmed possible malpractice
- An affidavit from an expert either before or shortly after you file your claim
- Testimony from an expert at some other time during the claims process or at trial
Because most medical malpractice cases rely on expert testimony, birth injury law practices often have a network of expert witnesses they can contact about a case. Your lawyer will select the best option based on the facts of your case.
Why an Expert Witness Is Important
The witness will review all relevant medical records, documents, doctor’s notes, and any other documentation available related to your child’s birth and care. With the information they gain from reviewing your records, in addition to any other available evidence, the witness can help to determine what happened and if medical negligence occurred.
Because of their medical qualifications, these witnesses know the standards of medical care, the protocols the care team should follow, and what should have happened during treatment. They can identify when doctors or staff deviate from the expected standard of care and determine how that affected your child’s wellbeing.
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A Birth Injury Attorney Will Understand the Rules for These Cases in Your State
Building a case for compensation based on medical negligence can require a strong understanding of the laws in your state that govern this process. The legal process and system are often somewhat different in medical malpractice cases than in other types of injury lawsuits. This could include:
- Different evidentiary requirements
- Different deadlines for filing claims and providing documents
- Different caps on certain types of damages in some states
- Specific steps you must follow to notify the doctor and hospital of your accusations
A lawyer in your area will be familiar with the laws in your state, including its statute of limitations on medical malpractice cases and any rules allowing you to toll this deadline for birth injury cases.
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Speak to a Team Member from the Birth Injury Lawyers Group Today
If you are interested in hiring a lawyer to represent your family in a possible newborn brain ischemia case, you should speak with a law firm that can assess your case and explain your rights. For a free consultation with a member of our team, call
(800) 222-9529 to get started.
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