Common Questions to Ask Before Hiring a Military Birth Injury Lawyer

Bringing a new life into the world is a joyous occasion filled with hope, excitement, and love. For Emily and Jack, the birth of their first child was supposed to be the happiest day of their lives. They spent months preparing for the arrival of their baby, reading books, attending parenting classes, and decorating the nursery.

They dreamed of everything they would do as a family and the milestones they would celebrate. However, their joy quickly became a nightmare when their baby was born with a birth injury.

Bringing a new life into the world is a momentous occasion for any family, filled with excitement and anticipation. But when the unexpected happens, and a newborn suffers a birth injury, the experience can be emotionally and financially devastating.

If this has happened to you, hiring an experienced birth injury lawyer with a proven track record of success is critical. But, with so many lawyers to choose from, finding the right one for your case can be challenging. In this blog, an experienced and skilled military birth injury lawyer from The Doctor Lawyer Team goes over some of the common questions you should ask before hiring an attorney.

At The Doctor Lawyer Team, we combine legal and medical expertise to help you obtain maximum compensation for your child’s birth injury. Call us at (833) DLT-WINS or (833) 358-9467 to schedule your FREE case evaluation. We also represent military servicemen and servicewomen nationally.

What is a Birth Injury?

Before we get into the details of hiring a birth injury lawyer, let's first define what a birth injury is. A birth injury is any injury sustained by a baby during birth. Birth injuries can be caused by various factors, including the natural forces of labor and delivery, medical malpractice, negligence, or the use of forceps during delivery. Regrettably, it is frequently due to the negligence of medical providers.

These injuries can range from minor to life-threatening. Here are some examples of birth injuries that may occur:

• Cerebral Palsy: This neurological disorder affects muscle control and movement. It can occur when the brain is damaged during birth.
• Brachial Plexus Injury: This occurs when the nerves that control the arms and hands of the baby are damaged during birth. It can result in weakness or permanent paralysis of the affected limb.
• Erb's Palsy: This is a type of brachial plexus injury affecting the upper arm and shoulder of the baby.
• Hypoxia: This occurs when the baby's brain doesn't receive enough oxygen during birth, resulting in brain damage or even death.
• Fractures: If forceps or vacuum extraction is used, fractures can occur.
• Facial Paralysis: This can occur when the baby's facial nerves are damaged during delivery.
• Spinal Cord Injury: This can occur if the baby's spinal cord is damaged during delivery.
• Subconjunctival Hemorrhage: This injury occurs when small blood vessels in the baby's eyes break during delivery.
• Caput Succedaneum: This swelling of the baby's scalp can occur during delivery.

Birth injuries can have significant physical, emotional, and financial impacts on families. If you believe your child has suffered a birth injury due to medical negligence, seek legal help from a military birth injury lawyer. They can help you understand your legal rights and options for seeking compensation for your child's injury.

Next, here are some common questions to ask before hiring a military birth injury lawyer.

Do I Have a Birth Injury Malpractice Case?

The first question you should ask a military birth injury lawyer is whether you have a case. Not every birth injury is the result of medical malpractice or negligence, but many are. Your lawyer will need to evaluate the facts of your case to determine whether you have a valid claim. Our team includes a medical doctor, which makes our evaluation much quicker and more accurate than others.

Does the Birth Injury Lawyer Have Experience With The Federal Tort Claims Act?

Hiring a military birth injury lawyer with Federal Tort Claims Act experience is essential. Look for a lawyer who has handled cases similar to yours. Ask about their experience with the Federal Tort Claims Act’s unique administrative and legal process.

Watch these videos for additional information regarding our experience:

How Will the Birth Injury Lawyer Handle My Case?

Ask the lawyer how they plan to handle your case. Here are some questions you can ask them:

• How often will you update me on the progress of my case?
• What is your strategy for handling my case? How do you plan to approach the legal issues involved?
• Will you work with medical experts to review my child's medical records and assess the extent of their injuries?
• How will you gather evidence to support my case? Will you conduct witness interviews, review medical records, or hire experts?
• What is your approach to negotiating a settlement? Will you work to negotiate a fair settlement, or will you take the case to trial if necessary?
• How do you plan to involve me in the decision-making process? Will you consult with me before making any major decisions about my case?

Knowing what to expect can help you avoid surprises down the road.

What Are the Fees?

The cost of hiring a military birth injury lawyer can be significant. Before hiring a lawyer, make sure you understand how they charge. Birth injury medical malpractice lawyers work on a contingency fee basis. A contingency fee means the lawyer only gets paid if and when there is a settlement or judgment in your case. Under the Federal Tort Claims Act the fees are statutorily set at 20% if the case is settled during the administrative phase, or 25% if the case is resolved after a lawsuit is initiated.

How Long Will My Case Last?

Birth injury cases can take a long time to resolve. Ask your lawyer how long they think your case will take. An experienced lawyer should be able to give you a rough estimate.

What Is the Lawyer's Communication Style?

Effective communication is essential when working with a lawyer. Ask the lawyer how they prefer to communicate – by phone, email, or in person. Knowing their communication style can help you work more effectively together.

Will the Case Go to Trial?

While many birth injury malpractice cases are settled out of court, some may go to trial. Ask the lawyer if they have experience in the courtroom and how they plan to handle your case if it goes to trial.

How Do I Contact the Lawyer if I Have Questions?

Make sure you have a way to contact the lawyer if you have questions or concerns. Ask for their phone number and email address, and make sure they're responsive to your inquiries. Because we believe strongly in open lines of communication, at our firm we provide our personal cell phone numbers to most clients.

What Is the Statute of Limitations?

The statute of limitations is the time limit for filing a birth injury claim. Ask the lawyer what the statute of limitations is for your case and how it may differ under the Federal Tort Claims Act. Failing to file your claim within the statute of limitations can prevent you from recovering damages.

What Damages Can I Recover?

Ask the lawyer what damages you may be able to recover in your case. Damages may include:

• Medical Expenses: This includes the cost of medical treatment and care for your child's birth injury. This may include hospitalization, surgeries, medication, and rehabilitation.
• Long-term Care Expenses: Some profound injuries, such as Cerebral Palsy requires the establishment of a Trust Fund for expected life-long care.
• Lost Income: If you had to take time off work to care for your injured child, you might be entitled to recover lost wages.
• Pain and Suffering: This refers to the physical and emotional pain your child experienced due to the injury.
• Future Medical Expenses: If your child requires ongoing medical treatment due to their birth injury, you may be entitled to recover the cost of future medical expenses.
• Loss of Future Earnings: If your child's birth injury impacts their ability to earn a living in the future, you may be entitled to recover the value of their lost earning potential.
• Loss of Enjoyment of Life: If your child's birth injury prevents them from participating in activities they would have enjoyed, you may be entitled to recover damages for their loss of enjoyment of life.
• Punitive Damages: Punitive damages may be awarded to punish the responsible party for their negligence or misconduct.

Does the Lawyer Provide a Free Consultation?

Many birth injury lawyers offer free consultations to potential clients. This is an opportunity for you to meet with the lawyer, discuss your case, and ask questions before deciding whether to hire them. Ask the lawyer if they offer a free consultation, and take advantage of this opportunity to learn more about your case and options.

Hiring a military birth injury lawyer can be daunting, but asking the right questions can help you find the right lawyer for your case and increase your chances of recovering compensation for your baby's birth injury.

FAQs

Q: What is the statute of limitations for filing a military birth injury lawsuit?

A: The statute of limitations for military birth injury lawsuits is governed by the Federal Tort Claims Act and is generally two years from the date of the injury.

Q: Can a birth injury lawsuit be filed against a midwife or nurse practitioner?

A: A birth injury lawsuit can be filed against a midwife or nurse practitioner if they are found to have acted negligently while acting within the scope of their duties at a military hospital.

Q: What happens during a birth injury lawsuit?

A: During a birth injury lawsuit, both parties will present evidence and arguments to the court. The court will then decide whether the defendant is liable for the plaintiff's injuries and what damages, if any, should be awarded. Under the Federal Tort Claims Act there is no jury, and instead the factual and legal issues are decided by a federal district court judge.

Q: Can a birth injury lawsuit be settled without going to court?

A: A birth injury lawsuit can be settled without going to court through negotiation or mediation. This negotiation is initially with the Department of Defense and then if a lawsuit is filed it continues with the Department of Justice.

Take Action Today: Contact a Military Birth Injury Lawyer and Fight for Your Child's Rights

If your child has suffered a birth injury, seek legal help immediately. A military birth injury lawyer can help you understand your legal rights and options for seeking compensation for your child's injury. Don't wait to take action – the statute of limitations for birth injury lawsuits is generally two years from the date of the injury.

Remember, your child deserves justice and the best possible care, and a birth injury lawyer can help you fight for both. The Doctor Lawyer Team is here to help. Reach out to us today to schedule your FREE case evaluation.

At The Doctor Lawyer Team, we are a veteran-owned personal injury law firm with over 40 years of trial experience and a proven track record of success. We are dedicated to protecting your rights and will fight for you to ensure you receive fair, just, and reasonable compensation for your child’s birth injuries.

Attorney Paul McConnell is a former Marine Corps infantry officer, federal prosecutor, and trial judge. Dr. Michael Giordano is a board-certified neurosurgeon and an attorney with an active background in reviewing personal injury and medical malpractice cases for over 18 years.

This gives you a unique advantage because The Doctor Lawyer Team combines legal and medical expertise to help you obtain compensation for your damages, including medical bills, lost wages, pain and suffering, and other issues you may face because of your child’s birth injury. We also work on a contingency basis, meaning we only get paid from the proceeds if you win your case.

Contact The Doctor Lawyer Team today to schedule your FREE case evaluation by calling our military personal injury lawyers at (833) DLT-WINS or (833) 358-9467 to learn more about your legal rights and best options for recovery. We have offices in: Hartford, New Haven, Groton, Bridgeport, New Canaan, and Greenwich. If more convenient, you can also complete our online form here. We also represent military servicemen/women nationally.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Doctor Lawyer Team
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Hartford, CT 06105
(833) DLT-WINS; (833) 358-9467
https://www.doctorlawyerteam.com/