Beginning the Legal Process
The birth of a child should be a joyous occasion, but when medical negligence leads to a birth injury, families are often left feeling devastated and overwhelmed, confused and uncertain about their next steps. If you suspect your child’s injury was caused by a preventable medical mistake, you may be entitled to legal recourse. At Van Wey, Metzler & Williams, we focus on handling complex birth injury cases, always starting the legal process with compassion and expertise. Understanding what to expect can help you make informed decisions and fight for the justice and compensation your child deserves.
Do You Have a Birth Injury Case?
Not all birth injuries are the result of medical negligence. When you are beginning the legal process, it’s important to remember that a successful birth injury claim requires proving:
✔️ A healthcare provider (doctor, nurse, hospital, or other medical staff) failed to meet the standard of care.
✔️ That failure caused harm to your child.
✔️ The injury has resulted in lasting damage, such as cerebral palsy, brain injury, or developmental delays.
Some examples of medical negligence in birth injury cases include:
- Failure to monitor and respond to fetal distress
- Delayed C-section despite clear warning signs
- Excessive use of labor-inducing drugs like Pitocin or Cytotec
- Improper use of forceps or vacuum extraction
- Failure to diagnose and treat maternal infections or preeclampsia
If you’re unsure whether your child’s injury was caused by negligence, our legal team can review your case at no cost to you.
Steps to Filing a Birth Injury Lawsuit
Step 1: Free Case Evaluation
Contact our firm to schedule a free consultation. We will discuss your child’s birth history, medical records, and any concerns you have about the care you received. Our team will provide an honest assessment of your case.
Step 2: Investigation & Gathering Evidence
If we take your case, our legal team will begin a detailed investigation, which may include:
- Obtaining and analyzing medical records
- Consulting with top medical experts
- Evaluating fetal heart monitoring strips, labor and delivery notes, and neonatal records
- Gathering witness statements and hospital policies
This process helps us determine exactly what went wrong and who is responsible.
Step 3: Filing the Lawsuit
Once we establish a strong case, we will file a medical malpractice lawsuit against the responsible parties. This includes drafting a formal complaint that outlines:
- The medical errors that led to the birth injury
- The healthcare providers responsible for negligence
- The damages sought on behalf of your child
Step 4: The Discovery Process
The discovery phase allows both sides to exchange information. Our attorneys will:
✔️ Depose medical professionals involved in your care
✔️ Request internal hospital documents
✔️ Present expert testimony to strengthen your case
We leave no stone unturned in proving how medical negligence caused your child’s injury.
Step 5: Settlement Negotiations or Trial
Most birth injury cases settle before going to trial. Our goal is to secure a full and fair settlement that provides for your child’s lifelong medical and care needs. If the healthcare providers refuse to take responsibility, we are fully prepared to take your case to trial and fight for maximum compensation.
How Long Do You Have to File a Birth Injury Lawsuit?
Every state has a statute of limitations—a legal deadline for filing a medical malpractice claim. Some states allow parents to file on behalf of their child for a limited time after birth, while others extend the deadline until the child reaches a certain age.
It’s critical to act quickly in order to preserve your child’s rights. Even if you think you have time, medical records can be lost or altered, and delays can weaken your case. The importance of starting the legal process promptly cannot be overemphasized.
Our attorneys will determine the exact deadline in your state and ensure your claim is filed in time.
What Compensation Can You Recover?
A successful birth injury lawsuit can help secure the resources your child needs for a better future. Compensation may include:
✔️ Medical expenses (past, present, and future)
✔️ Rehabilitation and therapy costs
✔️ Specialized equipment and home modifications
✔️ Lost wages of parents who must provide full-time care
✔️ Pain and suffering damages
✔️ Funds for lifelong care and support
Our goal is to maximize your compensation so your child has access to the best possible care.
Why Choose Van Wey, Metzler & Williams?
- We only handle catastrophic birth injury and medical malpractice cases.
- We have a proven track record of securing multi-million-dollar settlements.
- We work with the nation’s leading medical experts.
- We treat your family like our own, offering compassionate legal support every step of the way.
Take the First Step Toward Justice for Your Child
If your child suffered a preventable birth injury, don’t wait. Contact Van Wey, Metzler & Williams today for a free consultation. Our experienced birth injury attorneys will review your case, answer your questions, and fight tirelessly for the justice your child deserves.
