Has Your Infant Just Been Diagnosed With a Condition Caused at Birth? Call a Birth Injury Attorney Today

Law Blog

It can be difficult to see if malpractice during birth has caused problems for your infant until they start missing milestones, or to even know if there was malpractice. If your pediatrician has diagnosed your infant with a disability of some sort, and it is likely this was caused by medical negligence at birth, you want to find a lawyer.

A lawyer needs to quickly assess the situation to see if action should be taken. Here are some of the things that you will need to talk with the lawyer about.

Diagnosis and Condition

You need proof of the diagnosis of your infant, and what this condition will do to their quality of life. The pediatrician should have the evidence and reasons why the infant was diagnosed in a medical statement. The lifetime problems that your infant may have because of this condition will be easy for the lawyer to use for the case, and they can get details on the condition and statements from medical experts.

Malpractice Evidence

Your lawyer will have to prove what went wrong during birth. This could mean that the baby didn't get enough oxygen, the physician didn't recognize your signs or the infant's signs of distress, and more. To gather this evidence the lawyer may:

  • Compile any video that you may have filmed
  • Examine photos of you and the baby after birth
  • Question other staff and medical professionals in the room for the birth
  • Talk to your post-birth staff
  • Meet with medical center management
  • Contact your physician
  • Go over details of the infant's vitals and bloodwork after birth
  • Talk with the pediatrician about the infant's first checkup

They'll want to gather all the evidence available so there is no question who is to blame for your infant's birth defect and medical issues.

Once your medical malpractice lawyer has all the details needed about the evidence for the case, they will compile the monetary restitutions they think you deserve. This could be compensation for:

  • Medical bills
  • Lifelong struggles
  • Mental strain and anxiety
  • Lifestyle alterations for your family
  • Future medical treatments needed

The birth defect lawyer will gather evidence for everything they think you should be compensated for and then go from there. This amount will then be pursued.

Your lawyer may present this amount to the medical team at the hospital or medical facility where your child was born to see if they want to settle out of court. If not, then you will take your case in front of a judge. 

Contact Phillips and Paolicelli LLP if you need a birth injury attorney to pursue your case.


14 August 2020