Mother looks down at newborn baby, as baby grasps a strand of her hair.

How to Find an Experienced Birth Injury Attorney

Mother looks down at newborn baby, as baby grasps a strand of her hair.

There’s no two ways about it — birth injuries can be incredibly difficult.

The emotional heartache parents experience is horrendous, let alone the physical and financial difficulties they face.

They’re slung without warning into a harsh world where they’re forced to make tough medical and financial decisions that can drain the life out of even the strongest people, when all they dream of is welcoming a happy and healthy baby home.

If you’re in this position, know this. You may have specific rights and options that you’re unaware of. Injuries like Cerebral Palsy, Neonatal Encephalopathy, and Kernicterus can be avoidable, and medical professionals should always treat them with the utmost care and caution to avoid further complications.

If you or your child have experienced any type of negligence in the hands of medical professionals, we encourage you to get a hold of an experienced birth injury attorney as soon as possible. This is how.

Protect Your Rights

In a birth injury case where you’re the plaintiff, you’re going to be up against a large medical practice with access to a lot of money and power. Part of their plan is to minimize the responsibility the members of their staff face, which in turn limits the amount of compensation you can receive. By having experienced attorneys, you can seek the maximum compensation you and your child are eligible for.

Gather Necessary Evidence

A big part of proving your case in a birth injury lawsuit is showing that the medical professional was negligent. This is difficult on your own. You need a firm with years of experience helping you. Someone who has additional resources and medical professionals on staff, who can help recreate the potential cause of  injury.  Birth injury cases involve multiple medical specialties such as obstetrics, Neonatology, Neurology, Neuroradiology and Placental Pathology, so your attorney needs to have access to experts in all of these fields.

Seek Maximum Compensation

In some cases, where a medical professional recognizes their own fault, the defendant may offer a settlement in lieu of a lawsuit. In many of these situations, the amount of compensation isn’t nearly enough. A lawyer can help you seek the most out of your lawsuit, righting the wrongs you have experienced.

Lawyers discuss a case over a table filled with pens and paper, as well as laptops.

What to Expect From a Good Lawyer

When things go wrong and a medical professional causes more harm than good, you may need to seek legal representation. Before you hire a Houston medical malpractice attorney, know what you should consider before making a final decision.

Experience

Medical malpractice claims are very complex. Some lawyers focus on many practice areas, while others are more specialized. You don’t want a run of the mill lawyer, but someone who has dedicated themselves to this very focused area of law. Finding a good lawyer will ensure that they’ve seen cases similar to yours and know what it takes to be successful.

Contingency Fees

It’s hard to imagine that you or your loved one could receive an injury in the care of a nurse or doctor. But the unthinkable does happen. People usually face two decisions. Either let it go, or to fight. Unfortunately, so many people think the latter choice isn’t an option because of the large financial commitment. That’s why it’s critical to find a lawyer who works on a contingency fee basis. This means you get the representation you deserve and don’t pay any fees until you case is won. If you don’t win, you don’t owe anything.

Communication

Communication is absolutely key, and the cornerstone of a strong client-attorney relationship. To have the best chance of winning the case, there needs to be clear communication. Clients should be able to discuss the case freely with their attorney, and bring up any potential evidence they think may help.  You deserve to have confidence in your attorney and know what to expect throughout the entire process.

Staff

You obviously want to have a strong lawyer on your side, but what you may not know, is that you also want the backing of a strong support staff. Look for a firm that has nurses and/or a physician that can prove the medical professional in question was negligent. This can make the difference between having a successful case or not. You don’t want to walk away from your case without any compensation.

3 black, vintage pay phones on the wall.

Questions to Ask Your Potential Lawyer

If you or your baby has been seriously injured by a medical professional (such as a doctor, nurse, obstetrician, surgeon, anesthesiologist, etc) who do you turn to? When every lawyer claims to be an expert, how do you decide who to hire? Which lawyer can you trust with such an important case? Here’s some factors to consider and some questions to ask. 

What Kind of Experience Do You Have?

There are many law firms who handle all types of personal injury cases. However, medical malpractice occupies a very complicated and specialized niche in tort law. The Texas Legislature and courts have set traps that can derail even the most deserving case. Therefore, it’s important to hire someone who handles more than just the occasional birth injury case.  You want someone with sharp skills and ability that only develops over time.  Someone who dedicates their practice to holding medical professionals accountable so you can feel peace of mind knowing that the attorney you hired can deliver state-of-the-art representation.

Will My Lawyer Be Handling the Case?

Many law firms want to sign up medical malpractice cases so they can refer them to specialists in return for a referral fee. Middle men, of sorts. Likewise, senior lawyers often pass cases off to junior members of the firm. Make sure you’re talking to the lawyer who will actually handle your case. Don’t be afraid to be upfront. Directly ask who will be representing you and get a commitment that your case will not be handed off to someone else.

What Resources Do You Have?

Medical malpractice cases are demanding for a number of reasons. Your attorney needs to be an expert in relevant medicine, literature and science. Does he or she have the technical resources to develop your case? Do they have a network of experts in the medical specialty your case is related to? Is an in-house nursing staff able to assist with preparation? Also, since medical malpractice cases are expensive ($100,000 plus oftentimes), does he or she have the financial resources to see the case through to the end? Having access to these resources can make a big difference and can without a doubt affect the outcome.

Do You Have the Time to Devote to My Case?

Will your case be a priority? Or just another case in an assembly line? Do you have your attorney’s focus? Does the attorney believe in your case? Are they committed to get the best possible result? Will he or she make the type of investment, both of time and resources, that you and your family deserve?

Have You Had Success In These Cases?

The past is the best predictor of the future. Ask about the lawyer’s experience in medical negligence cases. Both in general and in cases similar to yours. Ask about success rates too. Having success means that the lawyer knows what it takes to build a strong case strategy. Has he or she been recognized for accomplishments in this area of law? A proven history of results should show that the lawyer is respected for his or her abilities in this area of practice.