This article is about finding a birth injury attorney to file a lawsuit to obtain compensation for brain damage that resulted from an injury to your child. This injury will have occurred sometime between the onset of labor and shortly after birth. The cut off point for classification of an injury as a birth injury would be the completion of the immediate post-birth ablutions and diagnoses. This period would be extended by any findings that required additional care, including jaundice.
Brain damage due to a birth injury usually means perinatal asphyxia or vacuum extractors. Usually, birth injuries are caused by an improper procedure. This is different than the cause of birth defects. Birth defects can occur at the moment of conception or at different times during gestation. Ask you doctor straight out whether your child's condition is the result of a birth defect or a birth injury. Get as much info from your physician as you can get - and take notes.
The medical profession is divided into specialties for a reason - the subject is so dense, no one person can know everything about everything. The doctors are specialists: your attorney should be one, too. So start by spending a solid weekend contacting other lawyers and the lawyers of your friends, parents, siblings and co-workers. If you can't get the name of a birth injury lawyer, get the name of a personal injury lawyer and call them.
Use a lawyer who at least specializes in birth injuries. A sub-specialization in brain injuries would be fine, but brain injuries account for half of all disabilities stemming from birth injuries, so an experienced birth injury attorney will also be an experienced attorney when it comes to brain damage.
Many jurisdiction put a dollar limit on the amount of damages a child sue for in the areas of pain, suffering, mental duress and emotional distress. Ask a prospective attorney what the case is in your state and, if so, will he/she advise suing for the maximum.
Brain damage due to a birth injury usually means perinatal asphyxia or vacuum extractors. Usually, birth injuries are caused by an improper procedure. This is different than the cause of birth defects. Birth defects can occur at the moment of conception or at different times during gestation. Ask you doctor straight out whether your child's condition is the result of a birth defect or a birth injury. Get as much info from your physician as you can get - and take notes.
The medical profession is divided into specialties for a reason - the subject is so dense, no one person can know everything about everything. The doctors are specialists: your attorney should be one, too. So start by spending a solid weekend contacting other lawyers and the lawyers of your friends, parents, siblings and co-workers. If you can't get the name of a birth injury lawyer, get the name of a personal injury lawyer and call them.
Use a lawyer who at least specializes in birth injuries. A sub-specialization in brain injuries would be fine, but brain injuries account for half of all disabilities stemming from birth injuries, so an experienced birth injury attorney will also be an experienced attorney when it comes to brain damage.
Many jurisdiction put a dollar limit on the amount of damages a child sue for in the areas of pain, suffering, mental duress and emotional distress. Ask a prospective attorney what the case is in your state and, if so, will he/she advise suing for the maximum.
About the Author:
BirthInjuryAttorneyGuide.com gives you all the tips and info on birth injury attorney selection. Are you ready to take your matter to court? Make sure that you know all there is to know about topics such as birth trauma by following the links above.
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