Frequently Asked Questions on Birth Injury Law
Dealing with your baby's injury is an unexpected, extremely traumatic experience for parents. While working with your doctor to develop a proper healthcare plan is your first priority, it is vital to consult a birth injury attorney as soon as possible to determine if you have grounds for a medical malpractice lawsuit. Some essential questions to discuss include—
- I think my baby may have been injured at birth. How do I know if I need an attorney?
- What types of injuries warrant filing a lawsuit?
- What can I expect to happen in a birth injury lawsuit?
- What comes next for my family?
- Who is held responsible for a birth injury?
- How soon do I need to file a birth injury claim?
- Are there any specific birth injury laws that may impact my lawsuit?
- How can I pay for a lawsuit and my mounting medical bills at the same time?
- Do birth injury lawsuits really result in higher damages than other personal injury claims?
- I am an attorney seeking assistance for my client. Do you accept referrals?
Contact us for birth injury legal assistance
The Law Offices of Anastopoulo & Clore, LLC provide exceptional legal representation with a team of qualified lawyers and medical professionals. Contact our office for a free initial consultation.
I think my baby may have been injured at birth. How do I know if I need an attorney?
The best way to determine if you need an attorney is to consult an experienced law firm. At Anastopoulo & Clore, LLC, our on-staff medical professionals assess your individual circumstances to determine fault in your birth injury case. We give clients honest, open appraisals of their situation and are readily available to discuss your best possible options.
What types of injuries warrant filing a lawsuit?
Any injury to a child before birth, during delivery, or immediately after is especially tragic and heartbreaking to deal with. Unfortunately, it is difficult to discern whether your child's injury merits legal action as not all injuries are grounds for a birth injury lawsuit. Types of injuries that typically warrant a birth injury claim include:
|
|
What can I expect to happen in a birth injury lawsuit?
You should be prepared to deal with a complex legal situation that may last for an extended period of time. Cerebral palsy, brachial plexus, and other birth injury litigation lawsuits involve a great deal of preparation and almost always go to trial. Expert witnesses, judges, and juries examine the evidence compiled by both teams of attorneys to determine whether your medical provider did everything possible to protect your baby.
What comes next for my family?
Obtaining proper healthcare for your child is an ongoing process that requires constant monitoring and interaction with doctors, hospitals, and insurance companies. Our birth injury law attorneys work hard on your case so you and your family can focus on handling the medical aspects of your infant's injury. We seek the maximum recovery possible to guarantee your child's long-term healthcare treatment.
Who is held responsible for a birth injury?
Any professional caregiver who contributed to your birth injury can be held responsible for his or her actions, including—
|
|
Hospitals, medical equipment manufacturers, and pharmaceutical companies can also be held responsible in malpractice cases.
How soon do I need to file a birth injury claim?
You should reach out to a lawyer as soon as possible if you suspect you have a birth injury claim as the statute of limitations for medical malpractice cases varies from state to state. It is as little as one year in several locations. Anastopoulo & Clore, LLC serves clients throughout the United States and is well versed in all state and federal birth injur laws. Reach out to our firm for more detailed advice from a knowledgeable attorney.
Are there any specific birth injury laws that may impact my lawsuit?
While birth injuries generally fall under medical malpractice laws and subsequent statutes of limitations, certain states have provisions in place to protect the rights of young children and children injured at birth. For example, the Illinois statute of limitations in medical malpractice cases states that lawsuits must be filed within two years of the injury or its reasonable discovery as long as the action takes place within four years of the injury. However, Illinois statute 735 Ill. Comp. Stat. Ann. § 5/13-212(b) extends the time limit for filing any lawsuits involving children under the age of 18, including birth injury claims, to eight years—effectively giving parents anywhere from four to six extra years to file a case against a medical provider.
Consult an experienced birth injury law attorney from Anastopoulo & Clore, LLC to see if your state has any special statutes regarding children and injuries.
How can I pay for a lawsuit and my mounting medical bills at the same time?
You do not have to. Our birth injury law firm operates on a contingency fee basis for medical malpractice cases—you pay nothing for our services until we collect damages on your claim. It is important to note that contingency fees are subject to state law requirements. All contingency fees will conform to the laws of the applicable state.
Do birth injury lawsuits really result in higher damages than other personal injury claims?
Birth injury cases often appear to have unusually high damages when compared with other personal injury or medical malpractice lawsuits because of their lasting repercussions. In successful birth injury law cases, plaintiffs may receive high verdicts or settlements, because parents and children need financial resources to deal with the aftermath of a birth injury. Laws limiting the amount of damages exist in select states and may play a role in determining damages—but monetary compensation is generally awarded in proportion to the severity of the injury and its long-term effects.
I am an attorney seeking assistance for my client. Do you accept referrals?
Anastopoulo & Clore, LLC takes direct cases and referrals from other attorneys nationwide. We pay a referral fee appropriate under the law and do all we can to ensure your client receives the compensation he or she deserves.
