Watching your little one go through pain and suffering is extremely difficult. No parent should have to experience that anguish, but it’s especially upsetting when it’s at the hands of a medical professional.
Evaluating whether or not you have a case against a medical professional or facility can be difficult though. It’s best to consult with an expert to help you go through this evaluation, and a Virginia birth injury lawyer can help.
Some examples of birth injuries include, but are not limited to:
- Wrongful death
- Broken bones/fractures
- Perinatal asphyxia
- Newborn persistent pulmonary hypertension
- Facial paralysis
- Shoulder dystocia
- Injury of the spinal cord
Finding a Virginia Birth Injury Lawyer
The process of bringing a lawsuit against someone else is probably something you’ve never thought about. However, the right attorney can make all the difference. Here are some key things to look for in a Virginia birth injury lawyer.
- Experience – ask about other cases they’ve handled that are similar to yours
- Reputation – what do other people say about working with this law firm or attorney
- Flexibility – are they willing to take your calls regularly or do they only work by appointment
- Location – are they local and know all local laws and regulations for your area
Evaluating your expenses
You shouldn’t have to pay for the mistakes of your caregivers. Be sure you document the care and cost your child has and will require as part of building your case. Some important expenses to document are:
- Medical bills – keep receipts and documentation for all medical procedures administered to your child
- Therapy expenses – your child may not just need traditional medicine but may have ongoing physical therapy needs
- Your own mental health – going through such trying times can lead you to struggle mentally, which is understandable. Be sure to document the expenses you incur for counseling and your own self-care
- Hours of work missed – if you’re missing work to care for your little one, be sure that you have this documented. You’ll need to know how much time you missed from work as a result to show overall expense
Your attorney can further counsel you on what and how to document your birth injury.
Learning of a birth injury
Birth injuries are not always apparent right after birth. It can take time for these to develop and might not even be evident until your child enrolls in school. It doesn’t matter when your child begins exhibiting symptoms though, you still may have a case.
Don’t brush off being told later in your child’s life that their struggles may be due to an injury from birth. Seek immediate counsel and present the facts.
Proving negligence
You may have a case against a medical professional or facility for action, inaction or negligence. There are many ways that a child can experience a birth injury, including during prenatal care. To win a birth injury case, an attorney must prove that the injury was a direct result of improper care or negligence.
Some of the cases where a birth injury lawsuit might be appropriate are when a medical professional:
- Did not properly monitor, treat or detect an infection in the expectant mother
- Improperly used birth assistance tools leading to an infant injury during the birth process
- Improperly treated or lacked detecting a prolapsed umbilical cord
- Failed to recommend or require that a C section be administered when detecting fetal distress
How long do cases take?
A birth injury lawsuit can take many months. Your attorney will review your specific incident with you to help evaluate the timeframe needed. Some cases have multiple parties involved, making for a longer time period.
The process is also dependent on getting medical records and documentation put together in a timely manner. This can sometimes be difficult as the at-fault party may be hesitant to release this information.
Having an experienced law firm, such as Gore and Kuperman, serve as your representation can help. When an attorney has navigated such cases many times in the past, they know how to get results. This is especially helpful as you work with your child’s injuries, so you can focus on them instead of the case.
An experienced attorney will also put less time and strain on you. Gore and Kuperman works with clients on their terms, whether that be in person or over the phone.
During early conversations, Gore and Kuperman make it clear what it will cost you to hire a Virginia birth injury attorney. This takes the guesswork out of the process and can ease some burden from you as you pay medical bills.
This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.