A birth injury is life-changing for your child and family, both emotionally and financially. Not to mention how complex these legal cases can be—your choice of birth injury attorney can significantly impact the outcome and your family’s experience throughout the process. The stakes are high, and medical professionals and hospitals often have powerful legal teams.
To secure your family’s future and ensure your child receives the care they deserve, you need a skilled advocate with the right experience to fight for you.
Understanding Birth Injury Claims
Birth injuries occur when medical professionals fail to provide appropriate care during pregnancy, labor, or delivery. This is different from congenital disabilities, which are already present at birth and not caused by medical negligence. A few examples of birth injuries that could be due to medical negligence include:
- Cerebral palsy caused by oxygen deprivation
- Erb’s palsy from shoulder complications during delivery
- Brain damage from delayed emergency interventions
- Spinal cord damage from improper use of forceps or vacuum extraction
- Nerve damage due to incorrect administration of medication or anesthesia
- Skull fractures or brain bleeds from excessive force during delivery
Why Experience Matters
Birth injury cases require extensive medical knowledge and the ability to prove that a healthcare provider’s actions fell below the accepted standard of care. Your lawyer must demonstrate that the injury was preventable and directly resulted from medical negligence. And, they must fight against extremely talented and well-funded attorneys representing the healthcare provider and hospital.
This is why experience matters. To increase your odds of success, you need a birth injury attorney who has specialized knowledge about medical malpractice, trusted relationships with medical experts who can provide testimony, and a history of favorable outcomes that demonstrate a high success rate.
How to Research Potential Lawyers
To find the best birth injury attorney for your case, it’s important to do thorough research. Schedule consultations with potential lawyers and go through our quick checklist below. This will give you the opportunity to ask questions, discuss your case, and get a feel for the lawyer’s personality and approach.
1. Check Their Credentials and Background
Start by verifying the lawyer’s licensing and checking for any disciplinary actions. State bar associations provide this information online. Look for attorneys who are board-certified in medical malpractice or have received recognition from legal organizations.
2. Research Online Reviews and Testimonials
Read client reviews and testimonials, but focus on those from families who faced similar situations. Pay attention to comments about communication, compassion, and case outcomes.
3. Evaluate Their Track Record
Ask potential attorneys about their experience with birth injury cases specifically. Request information about recent settlements and verdicts, keeping in mind that past results don’t guarantee future outcomes but can indicate the lawyer’s capability.
Assessing Communication and Personal Connection
Credentials aren’t everything. If you don’t feel comfortable with your birth injury attorney, it may be difficult to establish trust and effectively communicate. Finding someone with whom you have a personal connection can make the legal process less daunting and ensure that your voice is heard throughout. Try to look for the following attributes:
Effective Communication
Your lawyer should explain complex legal and medical concepts in terms you can understand. They should be patient with your questions and keep you informed throughout the process. Clear communication reduces stress and helps you make informed decisions about your case.
Trust and Comfort
Birth injury cases are deeply personal and emotional. You need an attorney who demonstrates empathy and understanding of your family’s situation. Trust your instincts about whether the lawyer seems genuinely concerned about your child’s welfare, not just the potential financial outcome.
Availability and Accessibility
Determine how accessible the attorney will be for questions and updates. Will you work directly with the lead attorney or mainly with staff members? Understand the firm’s communication policies and response times for non-urgent matters.
Legal Fees and Cost Transparency
Most birth injury attorneys work on a contingency fee basis, meaning you don’t pay them unless they win your case.
Ask for a detailed explanation of the fee structure of any of your candidates, including what percentage the attorney takes from any settlement or award. Understand when and how expenses will be paid. And don’t forget to get all fee arrangements in writing before signing any agreement.
A reputable attorney will be transparent about costs and willing to explain all financial aspects of your case.
Red Flags to Watch For
Unfortunately, not all attorneys have their clients’ best interests in mind. While most are dedicated professionals, here are some red flags to watch out for when choosing a personal injury attorney.
- Promises of Guaranteed Results: No ethical attorney can guarantee specific outcomes in legal cases. Be wary of lawyers who make unrealistic promises about settlements or verdicts.
- Poor Communication: If an attorney is difficult to reach during your initial consultation or is hard to get hold of, this pattern is likely to continue throughout your case.
- Pressure Tactics: Reputable attorneys won’t pressure you to sign immediately or discourage you from seeking second opinions. Take time to make an informed decision about representation.
Trust Your Family’s Future to Birth Injury Attorneys at G. Eric Nielson & Associates
Find your ideal birth injury attorney at G. Eric Nielson & Associates. We’ve been exclusively handling medical malpractice cases for over 30 years. Our team maintains relationships with medical experts nationwide, allowing us to provide comprehensive representation tailored to your specific situation.
And, we work on a contingency fee basis—you don’t pay unless we win your case.
We understand that you’ve already experienced trauma with your child’s birth. Our compassionate approach ensures that holding medical professionals accountable won’t add to your stress. Contact us today for a free consultation to discuss your family’s legal options.