Birth Fracture LawyersLast updated on: August 24, 2021
CALL (800) 863-5312 to speak with birth fracture lawyers today
Though it can be a beautiful experience, giving birth is not a simple or easy process. Giving birth to a child requires extensive medical care from properly trained medical professionals in order for everything to go smoothly; unfortunately, any seemingly small mistake at any point in the three stages of labor can have devastating consequences. One of these consequences can be a birth injury or birth fracture, which may lead to serious, potentially fatal, complications for you or your child.
If a tragedy like this has happened in your family, speaking with an experienced birth fracture lawyer could be your best move when seeking compensation. Call Zinda Law Group at (800) 863-5312 and schedule your first, free consultation with an experienced medical malpractice lawyer today.
what is a birth injury or birth fracture?
Simply put, a birth injury is an injury that a baby sustains during any of the three stages of labor. Many factors can lead to a baby sustaining a birth injury, including their size, prematurity, and any sort of prolonged or difficult labor. However, birth injuries can also be caused or exacerbated by mistakes made by the attending medical professionals during the birthing process.
One common potential birth injury is a birth fracture. A birth fracture occurs when pressure exerted on the baby during the birthing process leads to a bone breaking. The most common type of fracture is a fracture of the clavicle or collarbone, which can happen if there are issues delivering a baby’s shoulder, or during a breech delivery.
birth injury side effects
A wide variety of birth injuries can occur depending on the circumstances of the birth and whether it was handled properly by the medical staff. Because of this, there are many types of side effects that a baby might suffer through; these can range from swelling or bruising of the head, to injuries to nerves, to bleeding underneath the cranial bones. When dealing with these types of personal injury and their effects, it is best to speak with a personal injury lawyer who has experience helping families fight for the compensation that they may be entitled to.
rights after birth injury
For families dealing with a birth injury, it can feel like a very unfair situation. Medical professionals are tasked with being protectors of our health, and when their mistakes lead to an injury for your child, it can be extremely confusing and particularly hard to handle. Families may also feel like they don’t have any options, or feel like fighting against a massive healthcare system would be futile.
However, depending on how your child sustained their injuries, you may have a right to compensation. Speaking with a birth fracture attorney or a medical malpractice attorney can help you begin to understand what, exactly, your rights are in the context of your situation.
Can I Sue After a Birth Injury?
The best way to understand what your current legal standing is will be to speak with a birth fracture lawyer or medical malpractice attorney who has experience dealing with these sorts of situations. The short answer to the question of whether you can sue for a birth injury is yes, lawsuits can be filed against doctors, nurses, or other medical professionals for a birth injury. This is sometimes the best or only way to seek the compensation that you and your family are entitled to.
Still, there are circumstances in which it may not make a whole lot of sense to file a birth injury or birth fracture lawsuit. Determining what decision makes the most sense for your situation will require the help of a medical malpractice lawyer who has handled similar claims and can give an estimate on the probability of success.
birth injury lawsuit process
When you file a birth injury lawsuit, your birth fracture attorney will attempt to build a case against the other party or parties involved in order to argue for maximum compensation for your birth injury. While your medical malpractice lawyer will handle most of the legwork, it can be helpful to have an understanding of how the process works. No two cases will ever look exactly the same, but the following steps will generally be present in most cases.
1. Contact a Birth Fracture Lawyer
First and foremost, it is critical that you speak with a medical malpractice lawyer about your case. During an initial consultation, they can give you a better idea of whether you have a claim that is worth pursuing and what the process will look like moving forward in your unique situation. Establishing a working relationship with an experienced birth fracture attorney could just be the most important thing you can do to affect the outcome of your claim.
2. Research and Investigation
After a medical malpractice attorney has agreed to accept your case, they can begin the process of doing all of the necessary research into the specific details of your claim. In the case of a birth fracture, this can include requesting and analyzing all of the available medical records, looking into the laws governing birth injury lawsuits in your state, and speaking with medical experts to get a better picture of exactly what happened.
3. Negotiate a Settlement
Most parties favor reaching a settlement via the negotiation process because it will typically result in a quicker resolution and avoid the hassle and costs of going to trial. During negotiations, your birth fracture attorney will argue for a large settlement amount by strategically emphasizing the strengths of your position while creatively minimizing any weaker points that may exist.
4. Go to Trial
If your case is unable to be resolved through the negotiation process for any reason, then going to trial may be the only option remaining for seeking compensation; at a trial, the judge and jury will hear arguments from both sides before making a decision on the case. While you may ultimately be awarded more compensation if you win at trial, you may also receive nothing if you lose. Your medical malpractice attorney can handle this component of the process well by developing an effective and persuasive trial strategy, taking advantage of all of the resources that they have to craft a solid case.
birth fracture faqs
What is My Case Worth?
Dealing with the fallout from a birth fracture can be an expensive task. This leads many parents of newborns to ask how much their case could be worth to them in compensation. Unfortunately, there is no easy way to answer this question.
Generally speaking, you may be eligible to receive damages from two main categories—economic and non-economic. Economic damages attempt to compensate victims for tangible, objective costs like medical bills and lost wages from being unable to work due to injury, while the aim of non-economic damages is to compensate victims for the pain and suffering that they experience. A birth fracture lawyer can give you an idea of the potential value of your case and then help you fight for it.
How Long Do I Have to File a Claim?
The answer to this question depends on the length of the statute of limitations that applies to your case; the statute of limitations is the length of time that a victim has from the date of the accident that causes their injury to file a claim based on that accident. It is set by state law, so it will vary depending on where the birth of your child took place; a medical malpractice lawyer can inform you of what the statute of limitations is in your state. There may be certain exceptions that apply to some cases, but it is best to speak with a birth fracture lawyer as soon as possible to avoid running into issues.
How Much Do Lawyers Cost?
When thinking about hiring a medical malpractice lawyer, many people might think of exorbitant hourly rates or paying thousands of dollars for a retainer. However, not all lawyers operate this way. Zinda Law Group attorneys don’t charge you anything up front and will only receive an agreed-upon percentage of a recovery once things settle; this means you won’t find yourself having to pay massive lawyer bills from money that you don’t have.
Call zinda law group today at (800) 863-5312 for a 100% free consultation
It can be a frustrating and lonely place to be fighting for fair compensation for what happened to your newborn baby. You don’t need to go through the fight alone. The medical malpractice lawyers at Zinda Law Group are ready to help you and your family get through this difficult time. What’s more, our birth fracture lawyers don’t charge anything until they win your case for you—that’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.