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Having a child is one of life’s greatest blessings. Unfortunately, tragedy strikes far too often when a preventable birth injury takes place. The results are devastating and can include the death of a child or a permanent, life-long disability like CP or cerebral palsy. After a child suffers a birth injury, parents are often left unsure of how to deal with the resulting emotional and financial crisis.
At TopDog Law, our network of birth injury attorneys are legal professionals representing families that have been affected by complications or negligence during childbirth that resulted in injury to the baby or the mother. They handle various types of birth injury claims and are prepared to help you take legal action and give you the support you need during this difficult time.
The most serious birth injury that occurs far too frequently is Cerebral Palsy. Cerebral Palsy, or CP, is not a disease. Rather it is permanent brain damage caused during pregnancy, labor, or delivery by a restricted flow of oxygen to the brain. Cerebral palsy is the most common of all childhood disabilities, and there is no cure. In the United States, approximately 8,000 to 10,000 babies born each year will develop Cerebral Palsy.
Importantly, a mother may not know their child has suffered CP until months or years after birth. If you suspect that your child may have suffered cerebral palsy during birth, it is crucial that you quickly contact TopDog Law to find a cerebral palsy lawyer near you.
Erbs Palsy is another severe birth injury caused by nerve damage around the shoulder or brachial plexus. It is often caused by the forceful removal of a baby during a difficult childbirth. Erbs palsy can result in complete paralysis to the arm and often requires surgery to correct.
Sometimes the signs of a birth injury are
evident immediately after birth. If you
notice any of the below signs, it is best to
be precautionary and reach out to an
attorney as soon as possible.
After a devastating birth injury, the parents are left with one question. How could something like this have happened? Too often, the problems during labor and delivery were completely preventable and constituted medical errors.
Proving medical negligence in a birth injury case can be a daunting and complex process, requiring a keen understanding of both medical practices and legal principles. Your birth injury lawyer will begin by establishing that a duty of care existed between the healthcare provider and the patient. In simple terms, this means proving that there was a professional relationship between the healthcare provider and the mother or the baby, thereby imposing a responsibility on the provider to exercise reasonable care.
Medical malpractice lawsuits generally begin by establishing that this duty was breached. This requires showing that the healthcare provider’s actions or lack thereof deviated from the standard of care that other competent medical professionals would have provided under similar circumstances. Generally, this involves obtaining expert testimonies from other medical professionals who can substantiate that the actions taken were indeed negligent or substandard and that they contributed to the child’s injury. Establishing causation often requires evidence that links the negligent act directly to the injury. For example, if a delay in performing a C-section resulted in oxygen deprivation and subsequent brain damage to the baby, medical experts would need to testify that the delay was the direct cause of the injury.
Your lawyer must also demonstrate that the injury resulted in damages. These could include physical damages such as disability, cognitive impairment, or ongoing medical issues requiring treatment. Damages can also include emotional pain and suffering, as well as financial losses such as medical expenses, the cost of future care, and loss of potential earnings.
At TopDog Law, the legal professionals in our network are experienced in handling many kinds of birth injury cases. They will take charge of gathering the necessary evidence, arranging expert testimonies, and seeking the justice and compensation your family deserves for your child’s birth injury.
Our network attorneys have the experience and the resources to thoroughly investigate your birth injury claim. We can connect you to a local attorney who will gather all relevant medical records, consult medical experts, and determine whether the healthcare providers involved breached the standard of care, leading to the injury.
Birth injuries can result in significant, long-term financial burdens. A birth injury attorney can help families understand and calculate the full extent of their current and future damages, including medical expenses, long-term care needs, loss of earning potential, and non-economic damages like pain and suffering.
The birth injury lawyers in our network are skilled negotiators who can communicate with insurance companies to reach a settlement that adequately compensates the family for their damages, potentially avoiding the need for a trial or a medical malpractice lawsuit.
Not every case will result in a birth injury lawsuit. However, if necessary, your lawyer will prepare and present your case in court, advocating on behalf of the family for a fair settlement or judgment. They use their knowledge and experience in both medical and legal matters to communicate the complexities of the case effectively to a judge or a jury.
Ultimately, a birth injury attorney seeks to hold those responsible accountable for their actions or negligence, delivering justice for the families affected and compensation for the physical and emotional pain that was caused.
The statute of limitations for birth injuries varies depending on your state’s laws. In many cases, the statute of limitations for birth injury lawsuits begins to run once the injury is discovered. If your child suffered birth injuries, consult a lawyer for more information about your legal rights.
The short answer is nothing. The birth injury & cerebral palsy lawyers in our network handle cases on a contingency basis, meaning they do not get paid unless you get paid. They also cover all the up-front costs for expenses like experts who we will use to testify on your behalf. Therefore, they have every incentive to ensure that they win and get you the most compensation possible for your injury. CALL 844-576-2116 and tell us your story today.
TopDog Law has access to birth injury attorneys across the United States. Our network attorneys routinely travel to meet clients in their homes or close to their homes. Do not hesitate to reach out if you are unable to travel to one of their office locations. Reach out to a personal injury lawyer today.
