Published On: Wed, Aug 15th, 2018

What Parents Should Consider Before Filing a Birth Injury Lawsuit

Every parent’s worst nightmare is that their child will be somehow injured during their birth. Delivering a child is one of the most joyful and exciting moments in life, but with unexpected complications that excitement can turn to fear in a heartbeat.

Over 2 million children have been reported to have sustained injuries during birth caused by medical negligence. What if that was your child? What action would you be able to take on your child’s and family’s behalf?

Every case and every injury is different; there are no two alike. If your child has been injured during birth, you both have rights. Determining what your legal rights are and what procedures are available to you is your first step.

photo Chris Parfitt via Flickr

Speaking to a legal consultant may be a good idea, just to get an idea of the type of case you may have and what exactly is involved. Pursuing a legal defense on behalf of your child is your right, but it can also be a very intense procedure. Here are some of the things to consider when thinking about hiring a birth injury advocate.


One of the first questions from parents is “How long does a birth injury case take?”. This is an important question for families that are still dealing with the issues that come with a child that may be suffering from lasting injuries. The answer is not very specific because of the wide spectrum of cases and their varying details. Most professionals will tell you that it could take anywhere from 1 – 4 years to settle your case to your satisfaction.


In many cases, your birth advocate attorney will have a Contingency Fee policy, where you do not have to pay any fees unless your case is won. This may be the case, but other expenses due to the case can still add up. Time off from work to attend court, babysitters during case meetings and hearings, and medical bills piling up during the case can all put your finances under strain.


For all new parents, the normal levels of stress with having a newborn in the house are already pretty high. If your child is having issues because of a birth injury, their care may become much more complicated. The emotional and physical toll that a child with special needs can take on the family can be devastating. It is important to remember that a long and drawn-out court case may add to that level of stress for everyone involved.

Consult a Lawyer

Once you have gathered all of your information including birth records, full medical files and your pediatrician’s records, it is time to talk to a lawyer. Do your research before choosing a representative to make sure that birth injury cases are their specialty. They will be able to walk you through the procedure of filing a suit, as well as give you some idea of the type of case that you have.

Author: Mahendra

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