Birth injury cases involve claims against medical professionals – obstetricians, nurses, midwives, and other staff, for a failure to properly diagnose and treat women who are pregnant or in labor, thereby causing harm to their unborn baby. These cases can take many different forms—from failing to diagnose preeclampsia to improperly interpreting fetal monitoring strips during labor. Thus, it is important when selecting a personal injury firm to investigate your potential birth injury case, you hire a firm with experience in these complex cases, who have the resources to properly investigate them.
How to Choose the Right Law Firm for Your Birth Injury Case
When selecting a firm, ask if the firm has handled other birth injury cases, and how many. You do not want to select a firm that has little to no experience, as the attorneys will likely be unable to understand the medicine, and the firm may not have access to top-tier medical experts to assess the case.
What to Expect After Filing a Birth Injury Claim
Once you have selected a firm, the next step is obtaining your medical records. The law firm will request all of your prenatal, birth, and delivery records, the fetal monitoring strips from the delivery, as well as any records for your baby. The firm should be able to do a preliminary review of the records to determine if you have a potentially viable claim, and then will locate the appropriate expert to review the records.
In a birth injury case, the expert is an obstetrician or medical personnel with similar training, education and experience (such as a maternal fetal medicine doctor). The expert should get all of the medical records and review them in full so they can get a clear picture of everything that happened with your prenatal care, your labor, and the delivery of your child. Additionally, the expert may want to look at your child’s health records to see what happened to them.
Once the expert reviews the case, he or she will discuss the theories of liability with your lawyer, and the lawyer will decide if the case warrants filing a lawsuit, and where to file suit. In most venues, complex medical malpractice cases, including birth injury cases, are resolved within 2-3 years of filing suit. During that time, the parties will exchange written discovery, take depositions, and exchange expert reports. Through this process, each side will know what the other side is claiming.
Finally, a trial date will be set. The vast majority of lawsuits settle, but if your case does have to go to trial to get you and your child fair compensation, then it is imperative you select a law firm with actual trial experience. Your lawsuit is your only chance to be compensated for the medical malpractice that occurred. You don’t want to take chances with a firm that has not proven itself in the courtroom.
Anapol Weiss is Here to Help You File a Birth Injury Claim in Philadelphia
The team at Anapol Weiss has handled dozens of birth injury cases, and has a host of experts in all areas of obstetrics and gynecology that it can consult with on your birth injury case. The attorneys at Anapol Weiss are renowned trial attorneys who know how to fight for you in a courtroom. If you believe your child suffered a birth injury because of the negligence of your care providers, contact Anapol Weiss today. We represent clients in the greater Philadelphia region and beyond.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
