This article is about finding a birth injury attorney to file a lawsuit to obtain compensation for brain damage that resulted from an injury to your child. This injury will have occurred sometime between the onset of labor and shortly after birth. The cut off point for classification of an injury as a birth injury would be the completion of the immediate post-birth ablutions and diagnoses. This period would be extended by any findings that required additional care, including jaundice.
Brain damage due to a birth injury usually means perinatal asphyxia or vacuum extractors. Usually, birth injuries are caused by an improper procedure. This is different than the cause of birth defects. Birth defects can occur at the moment of conception or at different times during gestation. Ask you doctor straight out whether your child’s condition is the result of a birth defect or a birth injury. Get as much info from your physician as you can get – and take notes.
Start a journal so you have a running record of your child’s condition and the child’s development. The wheels of justice grind slowly, and all that. So keep a record of everything, starting now. The type pf attorney you want would look like this in a hypertext links track: attorney / personal injury / birth injuries / brain damage.
Use a lawyer who at least specializes in birth injuries. A sub-specialization in brain injuries would be fine, but brain injuries account for half of all disabilities stemming from birth injuries, so an experienced birth injury attorney will also be an experienced attorney when it comes to brain damage.
Many jurisdictions put a dollar limit on the amount of legal damages a child sue for in the areas of pain, suffering, mental duress and emotional distress. Ask a prospective attorney what the case is in your state and, if so, will he/she advise suing for the maximum.
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