English 
Spanish Pursuing financial compensation for a birth injury can be both legally and emotionally challenging. When a personal injury lawyer represents you, you can focus on taking care of your child and spending time with your family. While you do, your lawyer can manage all the details of your case, including explaining your rights and the negligent party’s responsibility.
If you choose to seek compensation with assistance from a lawyer, you should interview a medical malpractice lawyer and ask key questions about your birth injury case. Most law firms offer a free evaluation that allows them to delve into the details of your case. This initial consultation also allows you to ask questions that let you make an informed decision.
Some questions you might ask include:
What Experience Do You Have Handling Birth Injury Cases?
Birth injury cases are sensitive, so the medical malpractice attorney you choose should have experience handling them. Their experience can mean:
- They are familiar with the law and its application to your case
- They understand the need for compassionate client support
- They can identify and consult with relevant medical experts
By choosing a lawyer with experience handling birth injury cases, you gain access to
legal rights and resources that can benefit your family. Familiarity with cases like yours also means your lawyer can investigate your case in detail and build a comprehensive case file.
What Type of Birth Injury Cases Do You Handle?
During your pregnancy and delivery, you and your child are entitled to medical care that meets the acceptable standard in your state. Commonly reported birth injuries that could entitle you to compensation include:
- Birth canal injuries
- Brachial plexus injuries
- Cephalohematoma
- Erb’s palsy
- Facial nerve injuries
- Head or brain injuries
- Nerve damage
- Oxygen deprivation
- Spinal cord injuries
This list is not exhaustive, so the best way to understand the merits of your case is to consult a birth injury or medical malpractice lawyer in your area. Most will offer your family a complimentary legal consultation for birth injury cases.
How Much Does It Cost to Hire a Medical Negligence Lawyer?
Rather than charge hourly fees, most personal injury lawyers will accept a percentage of your financial award as compensation. This fee arrangement means you will not incur any out-of-pocket costs at all to hire a lawyer.
The law firm will cover all the upfront costs of preparing your case. If you do not receive a financial award, you will not owe any fees at all.
How Do You Identify the Cause of a Child’s Birth Injury?
One of the important interview questions for birth injury cases is how the law firm will prove your right to financial recovery. To prove negligence caused your child’s birth injury, your lawyer will:
- Consult medical experts about your child’s specific injury
- Document the medical care you should have received
- Document the medical care you and your child received
- Depose witnesses and conduct discovery sessions
Another benefit of hiring a medical malpractice lawyer is their understanding of the legal aspects of your case and the importance of your case file.
How Will You Prove the Medical Professional or Facility Was Responsible?
CCP § 411.35 requires you to file an Affidavit of Merit with your lawsuit. In it, a qualified medical professional—a peer to the medical professional involved in your case—will attest to the type of care you should have received. They will also attest to the validity of your claim. Your legal team will obtain this document for you.
What Types of Financial Compensation Can You Request for a Birth Injury?
If your child was injured at birth, they and your entire family could face long-term costs associated with their medical care. Financial recovery in birth injury cases typically includes:
- Current and future medical expenses
- Ongoing rehabilitation and therapy
- Loss of enjoyment of life
- Diminished earning capacity
- Current and future parental income
- Physical pain and suffering
- Mental and emotional anguish
- Disfigurement and disabilities
A birth injury attorney can help you request a fair settlement that allows your child to receive needed medical care and support.
How Soon Does a Birth Injury Medical Malpractice Lawsuit Have to Be Filed in California?
In general, the medical malpractice statute of limitations is three years. In birth injury cases, you have until your child turns eight to file your lawsuit, according to CCP § 340.5.
Understanding and complying with the statute of limitations can be complicated. When a local attorney handles your case, they can help you interpret the filing deadline and avoid the potentially costly consequences of non-compliance.
Call (818) 507-8525 to Get Legal Representation for Your Birth Injury Case
If you or your child was injured at birth, you could be entitled to financial compensation from the at-fault medical professional or facility. When you interview our medical malpractice lawyer, we take time to answer key questions about your birth injury case.
Learn more about working with our client-focused law firm by contacting our case evaluation team at KJT Law Group today.
