Tag Archives: Birth Injury Lawsuit

Birth Injury, Medical Malpractice

How to Find a Lawyer When Your Baby Suffers a Birth Injury

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Having a baby is a joyous and exciting experience for most families. Unfortunately, sometimes complications during childbirth can cause serious injuries to babies. When this happens, it can be a devastating experience for parents. To ensure that their rights are protected and that their baby receives the best possible care, it’s important for families to find a lawyer who specializes in birth injury cases. This article will provide information on how to find a lawyer when your baby suffers a birth injury.

Understand the Types of Birth Injuries

The first step to finding a lawyer when your baby suffers a birth injury is to understand the types of birth injuries that can occur. Birth injuries can be divided into two categories: those caused by medical negligence and those caused by natural causes. Medical negligence occurs when a medical professional fails to provide a standard of care that a reasonable person would expect. Natural causes, on the other hand, are caused by factors beyond the control of the medical professional, such as a baby’s size or a mother’s health.

Sometimes a birth injury can occur as a result of natural causes or medical malpractice. In these cases, you will likely need an experienced medical malpractice attorney to help identify the specific cause of a birth injury. For instance, cerebral palsy can and does occur without medical malpractice. However, sometimes cerebral palsy results from intraventricular hemorrhaging that could have been avoided had a baby been delivered sooner. Prenatal hypoxia is one cause of intraventricular hemorrhage. Causes of Intraventricular Hemorrhage

Research Local Lawyers

Once you have a better understanding of the types of birth injuries that can occur, the next step is to begin researching local lawyers who specialize in birth injury cases. Start by looking for lawyers who are members of relevant legal associations.  For instance, if you are looking for an experienced medical malpractice lawyer in Pennsylvania, you should search for a lawyer who is a member of the Pennsylvania Association of Justice. PAJ The PAJ provides resources to help families find experienced lawyers who specialize in birth injuries.

Check the Lawyer’s Credentials

Once you have identified a few potential lawyers, it’s important to research their credentials to ensure they are qualified to handle your case. Look for lawyers who have experience in handling birth injury cases, as well as those who have a proven record of success. You should also ask for references from former clients, or look for online reviews, to get an idea of the lawyer’s reputation.

Schedule a Consultation

Once you have narrowed down your list of potential lawyers, it’s time to schedule a consultation. During the consultation, ask questions about the lawyer’s experience with birth injury cases, the process for filing a claim, and the estimated cost of their services. You should also be prepared to discuss the details of your case and provide any relevant medical records.

Make Your Decision

After your consultation, it’s time to make a decision about which lawyer to hire. Consider factors such as the lawyer’s experience, the cost of their services, and the type of compensation you may be entitled to. It’s also important to trust your instincts and choose a lawyer who you feel comfortable working with.

Conclusion

When a baby suffers a birth injury, it’s important for families to find a lawyer who specializes in birth injury cases. The best way to find a lawyer is to understand the types of birth injuries that can occur, research local lawyers, check the lawyer’s credentials, schedule a consultation, and make an informed decision. With the right lawyer on your side, you can ensure that your rights are protected and that your baby receives the best possible care.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee is a Super Lawyer who is a shareholder at CPR Law.  James Goslee can be reached at or on linked in at LinkedIn or by phone at 215-567-3500.

Birth Injury, Medical Malpractice

Bringing a Birth Injury Lawsuit in Pennsylvania

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Introduction

If your child has suffered a birth injury in Pennsylvania, you may be considering filing a lawsuit against the hospital or doctor responsible for the injury. Birth injuries can range from minor to severe, and they can have long-term physical, psychological, and financial consequences for your family. Knowing what to expect when bringing a birth injury lawsuit in Pennsylvania can help you prepare for the legal process and manage the emotional toll. This guide will provide an overview of the steps to filing a birth injury lawsuit in Pennsylvania.

Step 1: Review the Statute of Limitations

The statute of limitations determines the amount of time you have to file a lawsuit in Pennsylvania. Generally, the statute of limitations for medical malpractice cases in Pennsylvania is two years. However, if your child was under the age of 18 when the injury occurred, the statute of limitations will not begin to run until they reach the age of 18. It is important to be aware of the statute of limitations to ensure that you do not miss the deadline to file your lawsuit.

Step 2: Collect Evidence

To build a strong case, you will need to collect evidence to prove your claim. This can include medical records, witness statements, and other forms of evidence that can prove that the hospital or doctor was negligent and caused your child’s injury.

Step 3: Set Up a Consultation with a Birth Injury Attorney

Once you have collected the necessary evidence, it is time to set up a consultation with a birth injury attorney. During the consultation, the attorney will review your evidence and discuss the potential for a successful lawsuit. It is important to choose an attorney that has experience handling birth injury cases in Pennsylvania.

Step 4: Determine Which Parties to Name in Your Lawsuit

It is important to determine which parties you will name in your lawsuit. Depending on the circumstances and the evidence, you may be able to name the hospital, doctor, or both in your lawsuit.

Step 5: File the Lawsuit

Once you have determined the parties to name in your lawsuit, you can file your lawsuit. This involves filing a complaint with the court and serving the defendants with the complaint. The defendants will then have a certain amount of time to respond to the complaint.

Step 6: Prepare for Mediation

Mediation is a process where the parties come together to try to resolve the dispute without going to trial. A mediator, who is usually a lawyer, will facilitate the mediation. The goal is to resolve the dispute as quickly and as amicably as possible.

Step 7: Prepare for Trial

If mediation is not successful, the case will go to trial. During the trial, both sides will present evidence and witnesses to prove their case. The judge or jury will then decide who is responsible for the birth injury.

Conclusion

Bringing a birth injury lawsuit in Pennsylvania can be a challenging and emotional process. Knowing the steps to filing a birth injury lawsuit in Pennsylvania can help you prepare for the legal process and manage the emotional toll. It is important to consider the statute of limitations and to collect evidence, set up a consultation with a birth injury attorney, determine the parties to name in your lawsuit, file the lawsuit, prepare for mediation, and prepare for trial.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at https://cprlaw.com/attorneys/james-p-goslee/ or on linked in at https://www.linkedin.com/in/james-goslee-8214415/