Some of the most common reasons that people file medical malpractice claims are mirrored in birth injury claims. In fact, lawsuits over conditions such as CP are really medical negligence claims, in most cases. There are many ways in which this occurs and many reasons why families bring a lawsuit against the part responsible.

Not Just Doctors

There are many different entities that may be the defendant in a lawsuit over a birth injury. It may be the hospital or a midwife. A drug or medical supply manufacturer that was negligent in some way may also be the defendant in one of these claims.

The negligence has to be established to a jury as the proximate cause of the harm done to the child. There are cases where a child suffers a CP-inducing brain injury for entirely natural causes. Sometimes, these causes are unavoidable and no amount of medical technology or medical scanning could have prevented the injury.

The issues arise when something should have been done but wasn’t or when something truly incompetent was done and when the child was injured as a result of that negligence. The child may have been injured because they were not given a needed treatment or because they were strangulated by their own umbilical cord and no one intervened, for instance.

Finding Help

The first step in filing a lawsuit over birth injury medical malpractice is finding the right lawyer. There are lawyers who work on contingency, which means that you don’t have to pay them unless you win your claim. These aren’t cut-rate lawyers by any means. Working on a contingency basis has to do with trust, not the quality of the legal representation that you’ll get. The lawyers that work under these agreements, in fact, are quite often among the best in their fields. After all, they stake their livelihood on winning, not on collecting attorney’s fees for losing claims.

When you do find a good lawyer, your first consultation will usually be completely free. This is so that they can determine whether or not they can effectively represent you in court. If they don’t believe that they can, they’ll simply let you know and you’re not on the hook for any legal fees. If they do decide that they could help, they’ll offer to take you on as a client and explain all the fees involved in pursuing your claim.

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Paul d’Oliveira

Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.

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