Between five and ten of every 1,000 births in the United States will result in a birth injury. Sometimes these injuries occur naturally because of some difficulty in the birthing process. Other times, however, birth trauma can be the result of medical negligence.
Some of the more common types of birth injury are: oxygen deprivation causing cerebral palsy, intracranial hemorrhage, spinal cord injuries and Erbs palsy. Sometimes these injuries occur because labor is allowed to continue beyond a medically reasonable period of time. Other times injuries may occur because of negligent oversight of hospital staff. Other injuries occur because hospital staff are reluctant to call medical doctors particularly at night when the doctor is at home and on call.
Over the years, our firm has helped many families who have been the victims of this type of medical negligence. Many times these cases are proven using a combination of fetal monitor strips that are contained in the medical records, the medical records themselves, and expert testimony. The amount of time and money spent on these cases can be overwhelming. That is why it is important to select a firm that has experience in successfully litigating these complex cases.
It is important to note that negligence is always established by expert testimony provided by medical doctors who specialize in obstetrics and other relevant areas of expertise. In other words, cases are not brought merely because a lawyer says “this appears to be a case of negligence causing birth injury.” In fact, in each case work closely with medical doctors who carefully review the records to determine what occurred and reconstruct the events leading to the injury. In many cases, we determine that the healthcare providers were not negligent.
The mere fact that an injury exists is not evidence that there was negligence. However, sometimes it is clear from reviewing all of the facts, records and expert medical opinion that negligence did occur and did cause this unfortunate injury to a child. Those are the cases where our firm excels at pursuing justice on behalf of our client.
Cappolino Dodd Krebs, LLP accepts birth trauma cases on a contingency fee basis. This means that attorneys fees are only collected if the firm recovers money for the client. If there is no recovery, then the client does not owe any fees. The firm also assists clients in determining how to best cover future medical expenses that the child may have. These are very complex issues and expert opinion from lawyers with experience in this area is critical.
If you would like more information about our firm’s birth trauma practice area please contact us for a confidential evaluation of your circumstances.
