How to Choose the Right Lawyer for Medical Negligence in Birth Injury Cases

When a child suffers a birth injury due to medical negligence, finding the right lawyer is critical. A good lawyer can provide committed legal representation and fight for the child's future.

Here’s what to look for when selecting a lawyer for medical negligence.

Experience

It’s important to look for a birth injury attorney with deep, specific experience in these cases. Hospitals and insurance companies have teams of specialized lawyers. You need someone who can go toe-to-toe with them and win.

Your prospective lawyer should have handled numerous birth injury cases in the past. A proven birth injury lawyer will have a history of substantial settlements and verdicts.

Access to Resources

Birth injury cases are complex and difficult to litigate. You need a lawyer with the resources to see your case through to the end. They may need to conduct thorough investigations, hire top medical experts, and sustain a long legal battle. A lawyer without these resources might be forced to settle for less than you deserve.

It’s not just about money, however. You also need a lawyer with connections. The best birth injury attorneys have networks of medical specialists they can call on and will be familiar with the opposing counsel and judges. This insider knowledge can be invaluable for medical negligence cases.

Trust and Communication

There’s no way to know how long your case will last — it could be months or even years. You’ll work closely with your lawyer during your case. Therefore, you need someone you can trust implicitly and communicate with easily.

During your initial consultation, pay attention to how well the lawyer explains things. Note whether they break down legal jargon and concepts for you and whether they’re patient with your questions.

Also, consider their communication style and availability. You should be able to reach your lawyer when needed. For their part, they should keep you updated proactively without you chasing them down for information.

The Right Answers to Tough Questions

Your initial consultation is your chance to vet potential lawyers. Don’t shy away from asking tough questions. For example, you might ask the following:

• How many birth injury cases have you handled?
• What percentage of your practice is devoted to birth injury cases?
• Can you provide examples of similar cases you've won?
• Who will be working on my case? Will you be personally involved?
• How do you handle case expenses?
• What is your approach to settlement negotiations versus going to trial?

A good birth injury lawyer will welcome these questions and answer them clearly and confidently.

A Willingness to Leverage Expert Testimony

Your birth injury case hinges on proving that medical professionals failed to uphold their standard of care. You can’t prove this without expert testimony from qualified medical professionals.

The best birth injury lawyers have relationships with top medical experts across various specialties. They know who to call to build the strongest possible case. For this reason, it’s wise to ask each candidate about their network of medical experts. A lawyer without these connections may struggle to present your case.

Making Your Decision

After meeting with several lawyers, you’ll be better positioned to make a decision. Here are some key points to keep in mind:

Trust Your Instincts

When it comes time to make your choice, consider which lawyer made you feel most comfortable and confident and seemed to have the deepest understanding of your case. Then, trust your instincts.

This relationship transcends the typical professional-client relationship. You’re choosing a legal partner for one of the most important battles of your life.

Don't Rush, But Don't Delay

While it’s important to choose carefully, it’s equally important to avoid waiting too long. Ohio has a statute of limitations for medical malpractice cases, including birth injuries. The sooner you engage a lawyer, the sooner they can go to work building your case.

FAQ

How Long Do I Have to File a Birth Injury Lawsuit in Ohio?

In Ohio, you generally have one year from the date of injury or when it was discovered. However, there are exceptions, especially for minors. Consult a lawyer as soon as possible to make sure you don't miss any important deadlines.

What Compensation Can I Recover in a Birth Injury Case?

Potential damages include medical expenses, future care costs, lost wages, and pain and suffering. A seasoned lawyer can accurately calculate the full value of your claim.

How Much Does It Cost to Hire a Birth Injury Lawyer?

Most birth injury attorneys work on contingency, meaning they only get paid if they win your case. They typically claim a percentage of the final award for your birth injury lawsuit. Avoid lawyers who require upfront fees for these cases.

How Long Do Birth Injury Cases Usually Take?

These complex cases can take anywhere from a couple of months to well over a year and sometimes longer. Some settle quickly, while others may go to trial and take longer. A trustworthy lawyer will work efficiently while still building the strongest possible case.

What if the Hospital Offers a Settlement?

Never accept a settlement without first consulting a lawyer, as the hospital will likely offer less than your case is worth. Your birth injury lawyer can evaluate the offer and negotiate for fair compensation.

Find the Right Lawyer for Medical Negligence in Birth Injury Cases

If your child has suffered a birth injury due to medical negligence, it’s important to remember that you’re not alone. The Moore Law Firm has a proven track record of successfully representing families in birth injury cases.

We have the experience, resources, and dedication to fight for the compensation your child deserves. Contact us today to set up a free consultation to discuss your case and learn more about how we can aid you during this challenging time.