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What to Expect in a Birth Injury Lawsuit

Newborns may experience many different types of injuries during the labor and delivery process. Medical error and negligence are leading causes of serious birth injuries. In these instances, you may have the option to file a birth injury lawsuit. An experienced birth injury attorney can help you understand your legal options. You may be able to recover financial compensation for your child’s injuries.

Birth Injury Lawsuit Process

Every birth injury lawsuit has its own set of unique circumstances and challenges. Additionally, each state has varying rules that govern birth injury claims.

However, most birth injury lawsuits follow a similar legal progression. Our birth injury lawyers work with clients during each phase of this process.

Initial Consultation

During an initial consultation, our team will listen to your situation and answer any questions you may have. Additionally, we will conduct an intake interview where we collect information about your case. This information will help us identify your legal options and determine whether you have a viable claim to recover compensation in a birth injury lawsuit.

Request Medical Records

If you have a viable claim and we decide to work together, then we will request any medical records related to the incident. Hospitals and healthcare providers are often reluctant to hand over information related to a potential lawsuit. Thus, this process may take several months to complete.

Outside Opinion

After receiving a client’s medical records, we review them thoroughly. We use these records to help determine whether the doctor or healthcare provider violated the standard of care when delivering the baby.

If we find evidence of negligence, we retain medical experts to review the medical records. They will provide an opinion on whether the care provided was negligent.

It is essential that we consult with medical professionals about the validity of any claim. For example, in Illinois, you must obtain the opinion of a medical expert in order to file a birth injury lawsuit.

Notice of Intent

In some states, the next step is to send all potential defendants a Notice of Intent to File Suit. Once the defendants have received the Notice, you must wait up to six months before filing your birth injury lawsuit. In many cases, the defendant will try to reach a settlement during this time period.

Filing a Birth Injury Lawsuit

Once any required waiting period has passed, you can file a birth injury lawsuit. Your birth injury attorney will file a complaint in court, along with the affidavit of merit.

Contact Our Birth Injury Attorneys

Was your child the victim of a preventable birth injury? If so, then you may want to consider filing a birth injury lawsuit. Our birth injury attorneys can help you seek the best path forward for your potential claim.

Our dedicated and passionate birth injury lawyers represent families nationwide. We also have offices conveniently located in Chicago, New York, San Francisco, Wilmington and Birmingham.

Call us at (877) 262-9767 for a free consultation. You can also send us a message using our confidential online contact form.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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