What information should I prepare for a consultation with a birth injury lawyer?
When speaking with an experienced birth injury lawyer, it is important to have certain facts and information prepared in order to have your case more efficiently reviewed. If you believe that your child has experienced a birth injury resulting from negligence by a health care professional, you should speak with an experienced birth injury lawyer to discuss your legal rights. You may be able to recover compensation for your child’s birth injury.
Some information that you should be ready to provide includes:
- Contact information: Name of child, name of parents, phone numbers, email addresses, mailing addresses
- Name of facility where you delivered
- Name of your OBGYN
- Did you receive regular prenatal care and check ups?
- Mother’s prior medical history. Did she have gestational diabetes? High blood pressure?
- Any concerns during your pregnancy?
- Any concerns during the labor and delivery process?
- Did you take any prescription medications,; drink alcohol; smoke; or take non-prescription drugs during your pregnancy?
- Did you have a vaginal delivery or C-Section?
- Were birth assisting devices used, such as a vacuum or forceps?
- What was your child’s weight at birth?
- Do you know your baby’s Apgar scores?
- What is your baby/child’s current condition?
- What is your primary concern? Who do you believe acted negligently?
- Have you spoken with another attorney?
- Anything else that you believe is relevant?
Do I have a claim?
It is difficult for a birth injury lawyer to determine whether or not you have a claim without an initial consultation. Most initial consultations with medical malpractice or birth injury lawyers are completely free of charge. A lawyer may need to investigate the initial facts of your child’s case, review relevant medical records, and have a medical expert review and analyze the records, reports, and notes.
How long will it take to obtain a recovery?
The amount of time that it takes to obtain a recovery in a birth injury lawsuit varies. There are numerous factors that can prolong the resolution of a birth injury case, and it is important to be patient and speak with your lawyer regarding updates.
Sometimes, it is necessary to wait and see how a child’s injury or condition evolves throughout time. If a child needs physical therapy, occupational therapy, or speech therapy, it may be worthwhile to see how your child’s condition progresses. Ideally, most birth injuries will resolve on their own throughout time, such as a broken arm or clavicle. In some instances, however, that is not always the case.
However, there are applicable statutes of limitations that may bar you from pursuing a lawsuit if you wait to long. You can speak with a birth injury lawyer early on so that they can inform you of your state’s applicable statute of limitations.