When a doctor or healthcare provider they trust makes a mistake that affects their health, many individuals feel betrayed or confused. While significant medical errors can be terrible for patients and their families, it’s even more distressing when the patient is a baby or an unborn child. Suppose you recently discovered that your baby was harmed due to a medication you were taking during pregnancy or an accident during the delivery process. In that case, you should know that you may be entitled to compensation and that you can seek professional assistance from a birth injury lawyer to sort out what happened.
Even though many babies are delivered each year in Arizona, the truth is that doctors and hospitals occasionally make mistakes or ignore crucial information about the mother’s treatment throughout pregnancy. When mistakes are made, or the unborn child’s protection is overlooked, the baby might suffer significant harm, including:
- Cerebral palsy
- Erb’s palsy is a type of paralysis
- Stillbirth or fetal death
- Injuries to the head and brain
- Damages caused by a lack of oxygen
- Bones are broken.
- Nerve injuries such as paralysis
Even though these diseases and injuries happen in the earliest moments of a baby’s birth, they can have long-term consequences that affect families for years to come. Our law firm attorneys are committed to helping families dealing with the effects of a birth injury or a negligent doctor investigating what happened and obtaining answers about what caused a baby’s injuries.
Esquire Law realizes how terrible birth injuries can be for newborns, mothers, and families, both physically and emotionally. We also understand the difference between unavoidable delivery problems and those created by negligent healthcare providers. We are knowledgeable in the laws that protect victims of birth injuries. Our mission is to achieve verdicts and settlements that assist families in caring for badly damaged children and recovering compensation for devastating losses.
It’s very uncommon for parents to be puzzled about what caused their children’s injuries. Contact our Arizona law firm immediately at (623) 343-9956 if you have any questions or would want to begin examining the specifics of your case with an experienced attorney.
Why Choose Esquire Law?
Esquire Law’s experienced and professional birth injury lawyers have served clients throughout Arizona. The best thing to do is to call a lawyer if you learn that your child’s birth injury could have been avoided. Our attorneys are available to answer any inquiries you may have. We understand how a birth injury can bring pain, anxiety, and financial hardship. Our Arizona birth injury attorneys show sympathy and concern as we handle your case. Don’t hesitate to contact us at (623) 343-9956 to schedule a free consultation. We dedicate ourselves to representing you, your family, and your child at all times.
Common Questions About Birth Injury Lawsuit
What do the signs and symptoms of a birth injury look like?
While specific birth injuries are easy to detect right after birth, others may require time and observation. The following signs should be looked for by parents who suspect a birth injury:
- Feeding problems
- Delays in development
- Excessive snoozing
- Crying uncontrollably
- Muscle control issues
How long will it take for my birth injury claim to be resolved?
You might be feeling the weight of your obligations as parents of a kid with special needs if your child was damaged at birth. You may be stretched tight in your relationships, profession, and finances, and you’re probably wondering when and how you’ll get a respite from the continual stress. It’s normal to question how long your birth injury case will take if you’re considering filing a lawsuit against one or more medical providers whom you believe have harmed your child.
Many birth injury lawsuits take between 18 months and two years from start to end. Due to the complexity of these types of cases, your case may last longer than two years. Since two years is way too long a time to wait when your personal and financial resources are exhausted, you should consult an attorney about filing a claim as soon as you suspect your kid has suffered a birth injury.
Following the filing of your claim, several things may happen simultaneously over an extended period. During the discovery phase, your attorney will acquire facts about your case. They may also receive a few settlement proposals from the opposing party or parties. The discovery process is how attorneys prepare their cases for trial, even though the parties may settle before trial. Attorneys on both sides of the case undertake interrogatories, written requests for information, and depositions, oral examinations of witnesses.
Plaintiffs frequently receive settlement offers from the defendants against whom they have filed action as the discovery process progresses. When this occurs, the plaintiffs have the option of accepting or rejecting the settlement offer. An expert birth injury lawyer can assist you in evaluating settlement offers so that you do not accept offers that do not appropriately pay you for your child’s injuries and future care needs. Suppose the defendants do not make a settlement offer that you can accept. In that case, your lawyer will go to trial for the money you deserve.
Questions to Ask Your Birth Injury Lawyer
How can a birth injury lawyer assist you?
You may have many questions in the days after learning that your newborn’s injuries were possibly caused by medical malpractice, and you may be afraid to sue your doctor. You can speak with one of our lawyers to get precise legal advice on your case and possible future steps. This consultation will provide you with the necessary information to make an informed decision about whether or not to pursue legal action. When your lawyer starts working on your case, they’ll need to obtain and analyze medical documents to see if your child was damaged during delivery due to someone else’s negligence. Your attorney may consult with medical experts when reviewing medical records to determine the likelihood that the damage your child has experienced was caused at birth. If your attorney determines that your child’s harm was caused by negligence, they can submit a claim for damages on your behalf.
How much is my birth injury claim worth?
Many birth injuries, such as developmental and neurological abnormalities, necessitate a lifetime of medical treatment, which can be expensive. Your child’s cognitive, physical, and emotional functions may deteriorate, and they could be in immense pain all of the time.
Medical malpractice was committed by the hospital, birth physicians, and other health personnel, according to experienced birth injury lawyers. In addition, we collaborate with your doctors to thoroughly comprehend your child’s medical needs as well as all of the ways that medical error has altered their life. There may be extra hidden costs such as home care and assistive medical devices in situations with birth injuries such as cerebral palsy.
If your child was injured during birth as a result of medical malpractice, you might be entitled to compensation for:
- Healthcare costs
- Wages that have been lost
- Future income loss
- Suffering and pain
As usual, it’s in your best interest to speak with an Arizona birth injury lawyer to see whether you’re entitled to any additional compensation.
Questions to Ask Your Birth Injury Lawyer
Birth Injury Lawsuit Process
Suppose your child has suffered birth injury by a health provider’s negligence. In that case, you should consult with a professional lawyer now. The lawyer will guide you through the whole process of filing a lawsuit against the person or group of people to get the compensation you deserve for your losses.
Making a Claim
You or your attorney must file the injury claim to begin the birth injury case. You’ll file a complaint with the courts in the county where the incident happened. Filling out the correct forms within the state’s statute of limitations or filing deadline is required to file your claim.
Waiting for a response
When you or your lawyer file a birth injury lawsuit, the defendant has a certain amount of time to react. The defendant will either accept the allegation and negotiate a settlement or deny it. If you are banned, you have the right to sue the defendant to recover damages.
You and your attorney will concentrate on constructing your case while waiting for the defendant’s response to your complaint. Your lawyer will gather all relevant evidence to show your birth injury case and the defendant’s negligence. Medical records, images of injuries, comments from eyewitnesses in the birth room, prior complaints against the physician, and medical expert testimony may all be used as evidence. Moving ahead, you will collaborate closely with your attorney to develop a thorough legal plan.
Negotiations for a Settlement
Negotiations for a settlement might begin if the defendant accepts your claim. The majority of birth injury lawsuits are settled without going to court. Hiring an expert lawyer to represent you during negotiations can help you reach a successful settlement without having to go through a time-consuming malpractice trial. While you focus on your child’s treatment and rehabilitation, settlement negotiations with the support of an attorney can ensure you don’t settle for less than your case is worth.
Birth injury compensation could cover all of your medical bills, physical therapy charges, special education expenditures, and other financial losses. A settlement is frequently the most cost-effective and straightforward method to handle your birth injury lawsuit. However, if the defendant refuses to negotiate a reasonable settlement or if the defendant dismisses your claim from the start, it may not be enough.
The Legal System
The discovery phase will begin the court procedure if your birth injury lawsuit requires a trial. As both sides try to acquire information, discovery includes conducting research, obtaining evidence, and hosting interviews with people on the opposing side of the case. Because hospitals are famously slow to respond to inquiries, obtaining medical records and other proof could take months.
Requesting documents from the opposite party and depositions from witnesses are standard parts of the discovery process. The expert medical witness’ testimony is crucial for the medical malpractice discovery process. The trial will begin after the discovery phase is completed. After hearing all sides, a judge or jury will decide whether the plaintiff has met their burden of proof against the defendant. If this is the case, the courts will give a fair judgment to compensate the victim for their losses. If this is not the case, the plaintiff has the right to appeal the court’s ruling.
Consult an Attorney About Your Case
A birth injury case can take three to six months to settle, and if your case requires a trial, the outcome could take a year or longer. Working with an attorney can help you and your family get through the claims process as quickly as possible. You can follow the procedures correctly, avoid typical blunders, save money, and improve your outcomes. Contact our law firm attorney now if you’d like to talk with a birth injury lawyer about your case.