When your child is born, the last thing you want is for them to get hurt. So, when something goes wrong and your baby suffers a birth injury, it can be devastating, not to mention expensive. If your child is the victim of medical malpractice, you may be entitled to financial compensation.
A Vermont birth injury lawyer can help you recover the money you’ve lost due to your child’s injury. Conditions like cerebral palsy or Erb’s palsy don’t have to define your child’s life if they have the right treatment. Compensation can make that a reality.
For a free legal consultation, call 1-800-222-9529
Was My Child’s Injury Caused by Malpractice?
When a medical professional is treating you, they owe what is known as a “standard of care.” The standard of care is the level to which someone can be reasonably expected to care for you. When a doctor, nurse, hospital, or even equipment manufacturer fails to meet the standard of care, then that is medical negligence, or malpractice.
Sometimes, a birth injury happens because of a random accident outside anyone’s control. However, medical malpractice is one of the leading birth injury causes. A negligent professional, an unsafe hospital, or faulty equipment could be responsible for your child’s injury.
For example, an improper epidural increases the risk of fetal distress during labor and can lead to complications. These complications can have lasting effects on the baby and the mother.
If you are the victim of medical malpractice, then you can pursue financial compensation for your damages. A birth injury lawyer in Vermont can help you recover funds. We know what to do to build the best case possible so that you can focus on taking care of your child.
Birth Injury Lawyer Near Me 1-800-222-9529
What Can a Vermont Birth Injury Attorney Do for Me?
When you first contact one of our Vermont birth injury lawyers for an initial consultation, they will sit down with you to listen to your story and tell you what the next steps might be. If you agree to hire their services, they will get to work building a malpractice lawsuit. To do that, they will:
Gather Evidence of Negligence
If you are to get maximum compensation for your claim, it’s essential that you are able to show that you were the victim of caregivers’ negligence. To that end, our lawyers will compile evidence that proves malpractice was to blame for your child’s birth injury.
Types of evidence your lawyer will gather include:
- Medical records
- Witness statements
- Testimony from medical experts
- Photo or Video
For example, we may rely on the above evidence to prove your child’s cerebral palsy symptoms. This multifaceted evidence-gathering process allows us to build a detailed and accurate picture of how medical negligence contributed to your child’s condition.
Calculate Your Damages
After a lawyer proves that you were a victim, they then need to prove how much the other party’s negligence cost you. To do that, your attorney will calculate your compensatory damages, which can be economic or non-economic.
Your lawyer will tally up the expenses you have paid as well as those that you will have to pay in the future. That way, your settlement will reflect the totality of the damages caused by your child’s birth injury.
Negotiate With the Insurance Company
Because insurance companies try to reduce your settlement, it’s best to have an experienced lawyer by your side who knows how to negotiate. Your Vermont birth injury attorney will make sure the insurance company doesn’t take advantage of you. Our lawyers know their tricks and know what to do to get you the settlement you deserve.
Fight for You in Court
Most of the time, malpractice cases are settled outside of court. However, if the other party won’t agree on a reasonable settlement, then your lawsuit will go to trial. In that unlikely event, one of our experienced lawyers will represent you.
We have litigated different types of birth injuries, so we understand the unique complexities that each case presents. We recognize that every family’s situation is distinct, and we are committed to tailoring our legal strategies to address your specific needs and concerns.
Our lawyers work on a contingency-fee basis, which means that they don’t get paid unless you win. We charge no up-front fees, and we agree on a fair rate with you before we get to work.
Types of Damages You Could Recover in a Birth Injury Case
When calculating your damages, a lawyer will take into account both financial expenses that you have paid (economic damages) and reductions of your quality of life or wellness (non-economic damages). Damages that you could recover in a birth injury include:
- Medical bills
- Payment for ongoing treatment like physical therapy
- Accommodations and equipment like wheelchairs or accessible vehicles
- Lost wages due to childcare
- Pain and suffering
- Mental anguish
- Wrongful death
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How Long Do I Have to File My Birth Injury Claim?
In Vermont, you have up to twenty-one years to file a malpractice claim for a child. According to 12 Vermont Statute Annotated § 551, the usual three-year statute of limitations applies after the plaintiff is no longer a minor.
While that might seem like a long time, it’s not advisable to wait too long to contact a lawyer about your child’s birth injury. Evidence and memory can go away quicker than you might expect, so the sooner we can get to work on your case, the better.
Talk to a Birth Injury Lawyer in Vermont for Free
Your child’s birth injury is stressful to take care of without the added worry of figuring out how you’re going to pay for medical expenses. Financial compensation could make the difference between a life defined by bills and a healthy, happy existence for you and your child.
Our birth injury lawyers in Vermont are on call to help with your malpractice claim. Contact us today to get a free consultation.