When your child is born, you want your caregiver to do their best to keep them happy and healthy. Many doctors and nurses are skilled and are experienced enough to care for your child. Sometimes, however, they aren’t, and they cause a birth injury.
According to the Centers for Disease Control (CDC), cerebral palsy, which is often caused by birth injuries, occurs in around 1 in 345 children in the U.S. Some of those cases are unavoidable, but some are due to negligence and malpractice. You could be able to recover compensation to pay for your child’s treatment.
If your child’s condition was caused by medical malpractice, a birth injury lawyer in Huntsville can help. We offer free consultations so you can find out more for no up-front fee. There is often a deadline to file your claim–don’t wait too long to get in touch.
Is It Worth Hiring a Birth Injury Lawyer in Huntsville?
People whose children experienced birth injuries often find that it’s worth hiring a lawyer, and you may find the same. Often, birth injury lawyers don’t charge anything unless you get compensation. Their fees are contingency fees, meaning the fee is contingent on how much you get in your settlement.
Because our lawyers use contingency fees, you don’t need to worry about paying for a lawyer who won’t get you results. Your claim will cost you nothing upfront and your lawyer’s fees will scale to how much compensation you get.
The Cons of Representing Yourself
Most lawyers would discourage you from trying to forgo legal fees altogether and trying to represent yourself. Doctors and hospitals often have expensive lawyers, and people who try to take them on without their own representation often find that it’s next to impossible. That’s not including the insurance company, who will try to short you on your compensation.
If you’re not sure whether you have a valid claim or whether a Huntsville birth injury attorney can help, your questions can be cleared up at an initial consultation. For no charge, you can meet with one of our Huntsville personal injury lawyers who can listen to your story and tell you about your options.
For a free legal consultation with a Birth Injury lawyer serving Huntsville, call 800-537-8185
Common Birth Injuries Caused by Malpractice that You Can Sue for
Birth injuries can take many forms, some being minor conditions that go away with time and some being lifelong impairments. As always, you should go to a medical professional if you believe that your child has been injured during birth. After you know what happened, contact a lawyer who can help hold those at fault responsible.
Birth injuries that are commonly caused by malpractice include:
- Cerebral palsy
- Erb’s palsy
- Spinal injury
- Brachial plexus injury
- Fractures in the shoulders and legs
- Brain injury
- Oxygen deprivation
These injuries can be due to simple, unavoidable accidents. If, however, a doctor could be reasonably expected to avoid these injuries, then you could have grounds for a birth injury claim. A Huntsville birth injury attorney will be able to investigate your case to see exactly what caused your child’s condition.
Damages You Could Recover for a Birth Injury
All personal injury settlements are based on specific damages that someone else’s negligence caused. In your malpractice case, your compensation can cover both expenses you’ve already incurred, as well as those that you’ll have to pay in the future. Damages in a birth injury case can include:
- Medical expenses
- Physical therapy and other ongoing treatment
- Special accommodations like wheelchairs or an accessible vehicle
- Lost wages due to missed work to care for your child
- Physical impairment
- Pain and suffering
- Mental anguish
- Wrongful death
When they work on your case, your Huntsville birth injury lawyer will calculate your damages so you can get exactly how much you’re owed. They will also negotiate with the insurance company, who will often try to give you less compensation than you deserve.
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Can You Sue a Hospital for a Birth Injury?
Yes, it is possible that you can sue the hospital you were treated at for your child’s birth injury. While individual doctors or nurses are often to blame for malpractice, sometimes the hospital at large is actually responsible. Unsafe conditions, untrained staff, or other variables could be grounds for a lawsuit.
If an employee of the hospital is responsible for your child’s birth injury, then the hospital may actually be liable. The actions of full-time or part-time staff often reflect their employer, so the hospital is responsible for keeping their employees up to industry standards.
Often, doctors are independent contractors, so hospitals aren’t necessarily liable for their actions. However, there is a chance that you could prove that the hospital should have known that the doctor had a history of malpractice. If the hospital did not take that into consideration, then they could be liable for the damages that the doctor caused.
It can be hard to tell who is actually responsible for your child’s injuries–sometimes it’s actually multiple parties. A birth injury lawyer in Huntsville will be able to investigate your case and figure out exactly who to hold accountable for your damages.
Talk to a Birth Injury Lawyer in Huntsville Today
After a birth injury, there is a good chance that your child will recover. However, that’s not always the case. No matter if your child is affected for weeks, months, or their whole life, you shouldn’t have to pay for their recovery by yourself. The Huntsville birth injury attorneys at Morris Bart, LLC can help get you compensation.
Call us or contact us online for your FREE consultation with our team. We want to see your child thrive, and a settlement could make that much easier.
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