Birth can be a very special moment, inaugurating the arrival of a new family member. Despite the excitement surrounding birth, though, it has risks. Newborns sometimes suffer injuries during childbirth.
Some birth injuries are unavoidable. However, others can be the result of negligence on the part of your doctor. If your child was injured during birth and you believe negligence played a role, a Waldorf birth injury attorney can help.
Why Hire a Waldorf Birth Injury Attorney?
It’s sometimes possible to file a lawsuit without the assistance of a lawyer. This approach has a legal precedent. You will be considered a “pro se” litigant if you choose this option.
Lawsuits can be incredibly complex, though. Without a lawyer, you’ll need to navigate a maze of legal terminology on your own. Phrases like subpoenas, motions, objections, and cross-examinations will have to become a part of your vocabulary.
Learning these terms and understanding how they might apply to your case is a full-time job. With the help of a lawyer, you won’t have to spend excessive energy on your case. You can instead focus on healing your family.
A birth injury attorney can provide these services:
- File any relevant documentation
- Negotiate with insurers and other involved parties
- Help you build evidence
- Provide you with legal knowledge
- Work with medical experts
Liability is the key to any birth injury case. And, without strong evidence, there’s no way to assign liability.
A birth injury attorney can manage this portion of your case. To build your case, they’ll emphasize these four elements:
- Duty of care: This element involves establishing that your doctor owed you a duty of care. Your lawyer may ask, “Who was responsible for safely delivering your baby?”
- Breach of duty: Here, your lawyer must prove that the treatment you received was below a specific standard of care. This typically includes highlighting negligent behavior that harmed your baby.
- Causation: Causation is the glue between the duty of care and the breach of duty. These factors must be linked to show that negligence was the leading factor during the birth injury.
- Damages: Finally, it must be apparent that you or your child were injured during childbirth. Medical records, scans, and examinations could provide evidence for this claim.
Get in touch with a birth injury lawyer serving Waldorf, 410-547-0202 for a free case evaluation.
Choosing a Birth Injury Attorney from Brown & Barron
Choosing our firm comes with a range of benefits:
- We have over 130 years of combined legal experience.
- We’ve won millions of dollars for our clients.
- We focus on and care about the residents of Maryland.
When selecting a law firm, it’s important to consider its history. A successful track record demonstrates that they’ve proven their ability to win cases in the past.
Numbers aren’t everything, though. What have previous clients said about the firm? Is their legal process seamless and user-friendly? Here’s what past clients say about our firm:
- “The best professional experience I have ever been a part of. I trusted them the entire way, and they exceeded all expectations.” – Darius L.
- “They have great customer service, nice people who are very respectful, and they get things done in a timely manner. Communication is awesome. They are always so helpful. Really great place! They treat you like family.” – Keyonia W.
Legal Support at No Upfront Cost to You
You may be struggling to pay bills in the aftermath of a birth injury. Hiring a lawyer shouldn’t add to this financial stress.
We offer free case evaluations and contingency fee pricing. This pricing plan means that we’ll represent you without any upfront payment. You can leave your legal-expense worries behind if you choose Brown & Barron.
Are Birth Injury Cases Worth a Lot?
Liability pertains directly to compensation. To receive compensation for a birth injury case, you must prove that another party brought harm to you and your family.
Birth injury cases vary greatly. Therefore, it follows that their compensation varies greatly as well. It can be difficult to guess the value of a legal case without an expert review.
However, birth injury cases typically include a similar set of damages. Damages are specific losses that you can be compensated for. They involve:
- Medical expenses related to the birth injury
- Reduced earning capacity if you were forced to stay home to care for your child
- Pain and suffering
Economic and Non-Economic Damages
These damages are categorized in two ways: economic and non-economic damages.
Economic damages account for financial losses, whereas non-economic damages cover emotional losses. Generally, in Maryland, there’s no limit for economic damages in a birth injury case. Non-economic damages have a case limit.
The Deadline for Birth Injury Cases in Waldorf
The statute of limitations in Waldorf birth injury cases is complex. The law mandates different deadlines for the mother and the child.
Per Md. Cts. & Jud. Proc. § 5-109, mothers of children who suffered birth injuries have three years after the incident to file. We strongly urge you to get started on your case as soon as you can. Witnesses could be important to your case. If you wait, they may:
- Move away from Waldorf
- Forget the details of your case
The child involved in a birth injury case is subject to a different set of rules. Their statute of limitations freezes until the age of 18. After turning 18, they usually have until the age of 21 to file their case.
This approach allows claimants to better grasp how their birth injuries have affected their life. If the injury is still causing problems after they reach adulthood, they could receive compensation.
Types of Birth Injuries
Birth injuries are any damage or injury that the child sustained during the birthing process. Medical malpractice is a leading cause of these injuries. Common types of birth injuries include:
- Skeletal injuries and broken bones
- Nerve injuries, which can result in reduced motor function
- Brain injuries
These injuries range in severity. For instance, Erb’s Palsy, a nerve injury that can reduce arm functionality, often resolves itself in a few months. However, some cases lead to lifelong disability.
Similarly, cerebral palsy, a condition that impacts total-body motor control, can be caused by medical malpractice. If a physician fails to monitor a child’s oxygen levels during birth, they could develop this condition.
Contact a Local Birth Injury Lawyer
We’re ready to help the residents of Waldorf, Maryland fight for justice. A birth injury could leave your child with a lifelong disability. They deserve compensation and a fair chance at life. Through compensation, they could receive financial support as they navigate their injury.
Call our firm or fill out an online contact form for a free case evaluation.
Contact Brown & Barron online today to schedule a free case review with a with a birth injury lawyer serving Waldorf.