When a newborn is born with brain damage, broken bones, cerebral palsy, or another birth injury, who is responsible? Sometimes it’s your medical team’s fault that your baby got hurt, or even killed. You will need the services of a birth injury attorney to prove it.
Find one through the Birth Injury Lawyers Group. We have birth injury attorneys in Scottsdale ready to help you find answers for what happened to your baby. If we discover someone else’s negligence harmed your child, our lawyers will fight on your behalf to get you justice and compensation.
For a free legal consultation, call 1-800-222-9529
Birth Injuries and Negligence
Like other personal injury situations, birth injury cases are based on the legal concept of negligence. When someone acts unreasonably and doesn’t take enough care to keep others safe, they are considered negligent and could be liable if they harm someone.
Proving negligence in a birth injury case is harder than something like a car accident because medicine is not a perfect science. However, people in medicine have standards of care they must follow that have been built up over time and the professional experience of other doctors.
To show that someone committed negligence, you have to prove that the doctor, nurse, or whoever harmed your baby broke these standards and caused your child’s injury. Winning your case depends on this, and a birth injury lawyer will make it much easier to do it.
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How Does a Birth Injury Lawyer Prove My Case?
Birth injury lawyers win cases by collecting evidence to show that someone else harmed your child while they were under medical care, then building a case to present to malpractice insurers or the court that proves your owed compensation.
If your lawyer can show that you had a medical relationship with someone, prove they were negligent and caused your child’s injury, and can prove the damages in your case that you’re owed, then you will win your claim. It sounds simple on paper, but it can become quite complicated.
Lawyers rely on the testimony of expert medical witnesses to explain why someone’s actions breached the standards of care and what they could have done instead to prevent an injury. This testimony and your child’s medical records, combined with legal knowledge and past case experience, are the backbone of most birth injury claims.
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How Much Could I Win for My Child’s Birth Injury?
Every birth injury case is unique, and there are dozens of birth injuries. How much you can get will depend on the injuries, how bad they are, the prognosis of recovery, and how these injuries will affect your family and finances in the future. Many birth injuries have settlements of hundreds of thousands of dollars, and even millions for severe disabilities.
Some damages common to birth injury cases include:
- Medical care for your child, including rehabilitation, specialists, therapy, medications, transportation, and more.
- Lost wages because you had to miss work from caring for your child, or had to leave work completely to become a full-time caretaker.
- Pain and suffering and similar non-economic damages, including wrongful death damages should your child die because of someone else’s negligent actions.
Each state may limit the amount of damages a family can receive for a birth injury or a wrongful death claim. When we connect you with a lawyer in Scottsdale, they will know the state laws surrounding medical malpractice caps and tell you if there is a maximum amount you can receive under state law.
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Common Birth Injuries We See
We can’t list every birth injury that could be caused by medical malpractice here, but here are some of the common ones we see in our offices:
- Cerebral palsy, which is often caused by oxygen deprivation during or after birth
- Brain damage from brain bleeding, infections, or trauma
- Broken bones
- Infant hematomas, which are sometimes caused by medical devices
- Shoulder dystocia and other obstetric emergencies
Even if your child’s injury is rare, chances are we have seen a similar case. When you speak with your lawyer during the initial consultation, ask them if they’ve seen an injury like your baby’s and if they were successful in helping that family win compensation.
I Was Offered A Settlement. Should I Take It?
You should be wary of any settlement offer that a birth injury lawyer has not checked first. Insurance adjusters want to pay victims as little as they can. They are in the business of insurance to make a profit.
They could also try to delay your claim beyond their review deadlines to force you to take a lower settlement or even deny compensation completely. A birth injury lawyer can protect you from these tactics and force the insurers to play by the rules.
Ideally, you should not talk with an insurance adjuster before you have a lawyer on your side. As soon as you know your child may be the victim of medical malpractice, that’s the time to call the Birth Injury Lawyers Group. We’ll help your family get justice.
Contact a Birth Injury Attorney in Scottsdale
If you live in Scottsdale and you believe a negligent doctor or nurse caused your child’s birth injury, you don’t have to accept the consequences. Get answers and get justice for your child’s birth injuries by contacting the Birth Injury Lawyers Group.
We will put you in touch with a birth injury attorney that will fight for you. Find out how we can help in a free case consultation. Call us at the number on your screen or reach out to us via email by using our contact page.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form