Your baby cannot tell you what is wrong when they are injured or ill. Instead, you rely on doctors to monitor their condition before, during, and after delivery. When a doctor’s carelessness causes harm, they can turn from advocates for your baby’s health to adversaries.
For true advocacy, our Morgantown birth injury attorneys can represent your family after a birth injury caused by medical negligence. We want to help you navigate this traumatic experience.
Accessing Care Following a Birth Injury
At Ben Crump Law, PLLC, we prioritize helping you prioritize your child’s health. Ensuring your child has access to care without worrying about the cost is one of our first concerns. Through a claim or lawsuit, you could receive compensation for:
- Emergency care
- Hospital stays
- Specialist consultations
- Follow-up care
For example, diagnosing cerebral palsy (CP) can require consulting a pediatric neurologist or child development specialist, who may conduct specialized tests like an electroencephalogram (EEG), according to Mayo Clinic. Similarly, Boston Children’s Hospital reports that serious brachial plexus injuries could require seeing a pediatric orthopedist, with treatment including nerve surgery.
Whatever your child’s condition, if it was caused by a birth injury, diagnosis and treatment should be paid by the responsible party, not by you.
We know that no amount of money will ever make what happened to your child acceptable. However, taking legal action can help you get the compensation you need to care for your child.
Medical compensation covers the full scope of your child’s injury, including all associated costs. If you would not have faced an expense if not for the injury, it could qualify for payment. This may include costs related to:
- Co-occurring conditions
- Medical equipment
- Modifications to your home or car
- Long-term expenses
- At-home care
You could also recover compensation for the costs of various therapies. For instance, CP can have co-occurring developmental disabilities, like epilepsy or autism spectrum disorder (ASD). Other birth injuries, such as to the brain or spinal cord, could cause permanent disabilities, requiring changes to your home to accommodate a wheelchair.
Our birth injury lawyers consider these related issues when pursuing your Morgantown case.
Help for Parents
This was traumatizing for you as well, and your experience should be acknowledged with possible damages, including:
- Lost income
- Pain and suffering
- Emotional distress
- Mental anguish
If you had to take time off work to focus on your infant’s care, whether short- or long-term, the income you lost is compensable. That includes salary, hourly wages, gigs, commissions, and other forms of revenue.
Likewise, the psychological toll of watching the beginning of your child’s life marred by injury could be compensable. Not only do damages like pain and suffering cover your child’s experience, but they also recognize what this experience was like for you.
For a free legal consultation with a birth injury lawyer serving Morgantown, call 800-959-1444
Representing You on All Fronts
The path your case follows will be relative to your experience. However, our process typically involves:
- Providing a free consultation to review your options
- Evaluating your case by gathering records and talking to experts
- Filing a complaint or lawsuit against liable parties
- Investigating your case through interviews and evidence gathering
- Negotiating with the other party to reach a settlement
- Proceeding to trial if we cannot reach an agreement
During much of this process, we will continue to negotiate. Many birth injury cases settle out of court; nonetheless, we are willing to pursue your birth injury suit to trial if that is what it takes to obtain justice.
We do the Talking
The last thing you want to do after a crisis is spend time talking on the phone, writing emails, or drafting official documents, especially when you have to be wary of your words being used against you. We can take these tasks and details off your plate by handling communication with:
- Negligent parties
- Insurance adjusters
- Hospital representatives
Most of all, we communicate with you regularly. This is your case, your child, and your fight for compensation, and you deserve to know what is going on.
We Handle the Paperwork
We can also deal with the documentation for your case, including:
- Filing insurance claims or lawsuits
- Obtaining medical records
- Reviewing settlement offers
- Compiling research and evidence
We want you to be as involved as you would like to be. For this reason, we work hard to ensure you understand legal and medical terminology, and explain what documents mean to you and your case.
We Conduct an Investigation
As a form of medical malpractice, birth injury cases rely heavily on technical medical evidence and expert testimony. To prevent doctors from hiding behind their specialized language, our Morgantown birth injury attorneys use:
- Second opinions
- Experts in the field
- Photographic evidence
- Studies and research
- Your testimony
We compile a full picture of what happened using this evidence, from illustrating what should have been done to highlighting a hospital or doctor’s history of malpractice complaints.
Morgantown Birth Injury Lawyer Near Me 800-959-1444
Getting to the Bottom of Your Child’s Injury
Birth injury cases rely on demonstrating that someone’s negligence—a careless action or inaction—caused your baby harm. Generally, birth injury negligence involves a failure by a doctor, nurse, tech, or other healthcare worker to act in a way that prevents injury, such as failing to:
- Monitor fetal heartbeat
- Monitor mother or child’s condition
- Monitor issues like preeclampsia or gestational diabetes
- Detect fetal distress
- Deliver quickly once distress is detected
- Address complications when they arise
- Perform a C-section promptly
- Perform a C-section at all
- Use instruments properly, like forceps or vacuum extractor
- Sterilize instruments or equipment
For example, a difficult or prolonged labor could put your child at risk for conditions like inhaling meconium (feces), according to Johns Hopkins Medicine. Improper use of forceps or vacuum extractors could cause injuries like Erb’s palsy, brain bleeds, or fractured collarbones.
Do not be concerned if you are not sure what form of negligence applies to your case. Our investigators can help determine what failure caused your child’s injury and identify the responsible parties.
Types of Birth Injury Cases We Handle
At Ben Crump Law, PLLC, we represent cases involving:
- Brain injury
- Brain bleed
- Hypoxic-ischemic encephalopathy (HIE)
- Oxygen deprivation
- Spinal cord injury
- Cerebral palsy
- Erb’s palsy/brachial plexus injuries
- Fractured collarbones
- Shoulder dystocia
- Meconium aspiration
- Bacterial meningitis/GBS positive
- Necrotizing enterocolitis (NEC) from baby formula
- Other injuries
Take Advantage of Your Free Consultation Today
Our birth injury lawyers can help you hold a Morgantown doctor responsible for the injuries they caused your child. Contact Ben Crump Law, PLLC today at (800) 641-8998. Ask questions, tell us your story, and receive an initial evaluation for free.