After your child has suffered a birth injury, it is crucial that you speak with a birth injury lawyer for help pursuing your claim.
The day a child is born should be a happy and joyful one. When the child suffers a birth injury due to negligence during labor or delivery, that joy can be overtaken in an instant by fear and worry. Suddenly, parents are faced with questions and concerns about the future. Will my child have a normal life? What might the future look like in terms of medical expenses? Will there be permanent injuries or disabilities? What’s the worst-case scenario? The best-case scenario? Why did this happen?
When your child has suffered a birth injury, you may consider looking for a “personal injury” attorney – someone who handles car accidents and slip and fall cases. But, hiring an attorney who limits their practice to medical negligence and birth injuries makes more sense. An Ohio birth injury lawyer can bring many more benefits to your case than someone who handles all kinds of personal injury claims.
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Understanding of the Laws
Personal injury lawyers take on many types of cases, including those involving car accidents, slip and fall accidents, and more. While they have a broad range of knowledge in these legal areas, birth injury cases are far more complicated. Birth injury cases fall under the legal area of medical malpractice. Medical malpractice laws in Ohio are incredibly complex, and these cases involve many more procedural rules.
For example, all birth injury cases (and other medical malpractice cases) in the state require an affidavit of merit from a qualified medical expert to be filed along with the lawsuit, which is not a requirement for other types of personal injury cases. A birth injury lawyer will know what is required of parents when filing a claim for compensation and will ensure they meet these requirements.
Birth injury cases are unique in that they can directly affecteither the mother, the baby, or both. They are also unique in that the full extent of the injury might not be known for years, after the baby has had time to grow and reach (or miss) developmental milestones. Therefore, birth injury cases can last for years, while personal injury cases are closed more quickly. Birth injury cases are also much more costly to bring, and your attorney needs to have the resources to fund this type of case. As a result, most birth injury attorneys take on only a handful of cases at once. Other personal injury attorneys may have hundreds and hundreds of cases going on at one time.
An In-Depth Understanding of Medical Procedures
Birth injury cases require an understanding of medical terminology, diagnoses, and testing. Birth injury lawyers must have a thorough understanding not only of the law, but also of the pertinent medicine, so they can determine how a birth injury occurred, and how it could have been prevented. Unlike personal injury lawyers, birth injury lawyers dedicate themselves to this area of law, which is required for these cases because they are so incredibly difficult and (if handled-correctly) time-consuming.
Collecting Supporting Documents
All lawyers will begin a case by gathering documents that support the injured party’s claim. In birth injury cases, the documents needed may include the mother’s prenatal records, her prenatal ultrasounds, her delivery labor and records, including electronic fetal monitoring strips, and the baby’s birth records and pediatric records. It is critical to have an attorney who knows what to gather and knows when a hospital or other medical provider has produced a set of records that is missing critical components.
Providing Care and Support
Any accident may cause victims pain and suffering. Birth injuries, though, can be devastating. A birth injury lawyer will understand the pain parents experience at this time because they will have seen it many times before. While working on a case, an experienced birth injury lawyer will take care of all the legalities, while also providing the compassion and support your family needs.
Call Our Experienced Ohio Birth Injury Lawyers Today
After your child sustains a birth injury, do not leave your claim in the hands of just any attorney. At The Eisen Law Firm, our knowledgeable Cleveland birth injury lawyers have the necessary experience with these claims to give your family the best chance of success. Call us today at (216) 687-0900 or contact us online to schedule a consultation with one of our skilled attorneys.