How a Birth Injury Lawyer Can Help

A medical mistake during childbirth can cause lasting harm for both baby and mother. If you suspect medical malpractice, an experienced birth injury lawyer can help.

Atlanta Birth Injury Lawyer will need to review your case’s medical records, secure expert opinions, and identify policies and procedures that were violated. They’ll also work with financial experts to calculate your family’s damages.

Each state sets its own statute of limitations, or time limit for filing a claim for damages in medical malpractice cases. Failure to file within this deadline can prevent families from recovering compensation for their losses. An experienced birth injury lawyer can explain how the statute of limitations applies to each family’s case, and help them file suit before it expires.

In a lawsuit against a doctor or medical professional for birth injuries, the question of whether their actions fell below the standard of care is central. The standard of care is determined by comparing the physician’s actions to those normally expected from healthcare professionals with similar training and experience in their field. For example, obstetricians are held to higher standards than general practitioners due to their extensive education and specialized knowledge.

A birth injury lawyer will examine the evidence in a case, including medical records, testimony from witnesses and experts, and the standard of care in the field. A lawyer will also work with a medical expert to determine if the doctor in question deviated from that standard and caused injuries to their patient.

Parents and children may have different claims in a birth injury case, since the needs of each are very different. For instance, an injured child might need ongoing medical care or therapy as a result of the birth injury. A child’s parents would typically be able to recover compensation for those future medical expenses, as well as their lost income since the child cannot work due to the injury.

If the injury causes mental or emotional harm, a parent or child could file a claim for those damages as well. A birth injury lawyer can help families understand the types of damages they could receive, which can include immediate and future medical costs, loss of income due to the injury, pain and suffering and more.

In some cases, the statute of limitations may apply to a particular government entity rather than an individual healthcare provider. For instance, in cases involving military hospitals or federally funded health care providers, there may be an additional two years added to the standard statute of limitations.

Access to Medical Records

The birth of a child should be a happy and memorable event, but medical mistakes during childbirth can have devastating consequences for a family. Even seemingly minor errors may result in permanent disabilities or death. Children with severe birth injuries often require expensive treatment that includes surgeries, medication, therapy, and other types of care. Those costs can be overwhelming for any family, and they should not have to bear the brunt of a medical professional’s error.

A New York birth injury lawyer can help you get the compensation you need to pay for your child’s future needs. This includes the cost of past and future medical expenses, loss of earning capacity due to time missed at work, and non-economic damages like pain and suffering. Your attorney will work with a team of experts to ensure your claim is as strong as possible.

It is important to have access to all relevant medical records in your case. Your legal team will be able to request these records on your behalf and make sure they are organized chronologically and by healthcare provider. They will also carefully review them for any discrepancies or missing information. Your lawyer will also work with medical and financial experts to calculate the amount of damages you may be entitled to receive.

One of the most important elements of a successful medical malpractice claim is proof that the defendant owed you a duty to act with reasonable care and skill. This requires presenting evidence, including expert testimony, that proves that the defendant’s actions or inactions caused your child’s injuries and that those injuries were preventable. A birth injury lawyer can help you build a solid case using this crucial evidence.

When selecting a birth injury lawyer, be sure to choose one who has extensive experience handling cases like yours. Ask your lawyer about their record of success in obtaining damages for clients, but be aware that settlement documents usually include confidentiality provisions that prohibit the lawyers from discussing specifics of the case. If you are unsure whether your lawyer is right for you, schedule a free consultation to discuss the details of your case and determine if they have the skills needed to help you win.

Expert Witnesses

A top birth injury lawyer can help you find and hire medical experts to testify on your behalf. These are physicians or specialized nurses who can explain to the jury what would have happened if a healthcare professional had performed their duties in similar circumstances. They can also explain how the defendant healthcare provider deviated from this standard of care, and how these deviations caused the injury to your child.

These expert witnesses will provide vital information to strengthen your case. They will help the jury understand complex medical terminology and concepts, such as neonatal encephalopathy (HIE). HIE is a condition that can cause brain damage in newborns when there is a lack of oxygen or blood flow to the brain. Other conditions associated with HIE include seizures and cognitive disabilities.

The expert witness can also explain the treatment options for your child’s injury. This includes medication, therapy, surgery, adaptive equipment, and other treatments that may be needed for a lifetime. The lawyer can also help you calculate your family’s financial losses, including past and future medical expenses.

A medical malpractice lawsuit can hold physicians, obstetricians, hospitals, and other healthcare professionals accountable for their negligent actions during labor and delivery. This is an important step for families to take to help ensure their children get the medical and financial support they need.

While nothing can undo the harm caused to your child by a birth injury, pursuing justice through legal action can bring you closure and provide much-needed financial compensation for current and future medical costs. A top birth injury lawyer will help you navigate the process and hold responsible parties accountable for their negligence.

The best birth injury lawyers have years of experience handling medical malpractice cases involving injuries at birth. They will know how to investigate your case, interview relevant medical professionals, and negotiate with insurance companies. Most top lawyers work for reputable national birth injury law firms with access to comprehensive medical databases and can connect you with doctors, surgeons, nurses, and other specialists to assist with your claim.


A legal claim against a medical professional who committed birth injury malpractice can help families obtain financial compensation for their child’s injuries. These financial resources are critical to paying for necessary treatment, adaptive equipment, therapy, and other services. Unfortunately, doctors and hospitals are often reluctant to admit that they committed medical negligence. That is why it is essential to consult with a New York birth injury lawyer as soon as possible.

A well-qualified lawyer will take the time to review your case and identify all the elements of a viable malpractice claim. This process usually starts with obtaining copies of your child’s medical records. The lawyer will then hire expert witnesses to examine the records and provide their opinion on whether medical negligence occurred. If the lawyer can prove that a medical professional failed to meet their duty of care during labor and delivery then they will file a medical malpractice lawsuit against the doctor or hospital.

Once a medical expert has provided their opinions on the claim the attorney will submit a demand package to the doctor or hospital’s malpractice insurance carrier. The demand package includes a statement of the facts of the case, a list of your child’s injuries, and attached medical records. The malpractice carrier will then respond with a settlement offer or deny the claim.

During this phase of the litigation your lawyer will negotiate with the malpractice insurance company to try and reach a fair settlement. A good lawyer will have years of experience handling medical malpractice cases and will be familiar with the tactics used by insurance adjusters. They will also know how to evaluate an offer and can recognize any red flags.

If a settlement cannot be reached through negotiations then the case will go to trial. It is important to choose a birth injury lawyer with trial experience because it will increase the chances of winning your case. Having a successful trial will not only help you recover the compensation you need but can also motivate medical professionals to improve safety training. A lawyer with a track record of recovering millions of dollars for clients is more likely to secure you a better settlement.