“Why did this happen?”
We hear this question often, and our hearts ache for parents and children dealing with birth injuries. This is the question parents want answered the most. You wonder if bad things just happen or if it’s someone’s fault. Since doctors and hospitals never admit wrongdoing, parents are usually left in the dark.
As birth injury attorneys, our job is to help you answer that question. Through our investigation, we’ll help you determine if negligence was involved, who’s responsible, and what type of compensation you and your family deserve.
“How do I know if a doctor/hospital is responsible for my child’s injury?”
The doctor (or anyone who works at the hospital) will never admit to fault. It’s not in their best interest to be forthcoming. Hospitals are businesses, so they’ll do everything to protect their bottom line. In many cases, they’ll tell you as little as possible to protect their liability.
It’s critical that you hire an experienced birth injury attorney who knows the right questions to ask, what documents to examine, and what to look for. These are complicated cases. Healthcare providers will mount a vigorous defense, so you need a fighter on your side.
It’s critical that you hire an experienced malpractice birth injury attorney who knows the right questions to ask, what documents to examine, and what to look for.
“How long does a birth injury case take?”
Unfortunately, birth injury cases can take some time. Some take several years. This is another reason you need an experienced birth injury attorney with the resources to stick with your case, no matter how long it takes.
The length of a birth injury case depends on the severity of the injury, the duration of the investigation, the number of witnesses with useful information, the other party’s willingness to resolve the case, medical records, and other factors.
“How do doctors cause birth injuries?”
In some cases, doctors are overly aggressive during delivery. They may use forceps or a vacuum when such serious tools aren’t necessary. They may use those tools incorrectly. They may simply manipulate a child roughly, causing physical birth injuries and even brain damage.
In other cases, healthcare staff may neglect to monitor the mother and child during labor. They may fail to notice oxygen deprivation (which can cause brain damage, cerebral palsy, and hypoxia), fetal distress, umbilical cord compression, and infections.
“How much compensation could a birth injury lawyer get for me?”
This is a tough question to answer because it relies on countless factors. It’s nearly impossible to give you a figure without knowing the specifics of your claim. Be wary of any attorney who promises you a specific dollar amount.
Here are the different types of compensation you might receive. You may be entitled to all or just some.
- Medical expenses relating to the injury
- Future anticipated medical costs
- Rehabilitation and therapy costs
- Lost wages (if a parent misses work or loses employment)
- Costs of at-home, institutional care, and special education services
- Emotional pain and anxiety
- Physical pain and trauma as a result of the injuries
- Punitive damages
Even within the medical malpractice field, birth injury is particularly specialized and complex. Hospitals and doctors defend these cases aggressively, and often firms that handle medical malpractice generally do not feel comfortable handling birth injuries. Instead, they refer those cases out to firms that specialize in birth injury, which is where the birth injury attorneys of Van Wey, Metzler & Williams come in.
If you have any suspicions that something may not have gone right with labor and delivery, or that your child may have suffered a birth injury, the sooner you contact a lawyer the better.
For our team, it is about helping people through some of the most difficult times of their lives. We have seen the effect a Dallas birth injury lawyer can have on these cases and how an attorney on your team can change the outcome for your child.
Depending upon the individual injury and case, a birth injury lawsuit may help recover compensation for:
- Medical expenses, both past and future;
- Costs associated with care, rehabilitation, therapy, or medical equipment;
- Lost wages; and
- Pain and suffering or emotional distress.
In birth injury cases, parents often have a gut feeling something went wrong. Sometimes it is clear based on the injuries to the child. Either way, if you have any suspicions that something may not have gone right with labor and delivery, or that your child may have suffered a birth injury, the sooner you contact a lawyer the better. Birth injury cases are very time-sensitive.