birth injury attorneys
Birth Injuries
Tragically, birth injuries occur when the fetus sustains injury during the labor and delivery process. It is estimated that approximately 6 to 8 injuries per every 1,000 live births occur in the United States each year. Some of the most common birth injuries are related to prolonged or difficult labor, the use of forceps, an abrupt delivery or prolonged fetal distress.
Symptoms of Birth Injury
The symptoms of a birth injury may vary depending on the nature of the trauma. In some cases, evidence of a birth injury can be seen immediately after the baby is born. However, in other cases, symptoms do not emerge until the child is several months – or sometimes even several years – old.
Symptoms of birth injury seen immediately after the birth may include:
· Abrasions, bruises or cuts on the baby’s head, face or shoulders
· Lack of movement on one side of the baby’s face
· Baby’s arm appears limp or paralyzed
· Baby’s arm is bent at the wrist, with straight fingers
· Lump or bump on the baby’s scalp
· Bruising or swelling on the baby’s scalp
· Baby does not begin breathing immediately after birth
· Baby’s skin has noticeable blue tint
· Baby develops seizures within 24 to 48 hours after birth
· Baby appears “floppy,” or does not exhibiut much muscle control
Symptoms of birth injury that emerge later in a child’s life may include:
· Lack of muscle coordination
· Slow or uncontrolled movements
· Lack of depth perception and balance
· Tremors or shakiness
· Difficulty in swallowing
· Difficulty speaking
· Difficulty with tasks using fine motor skills, such as writing
· Difficulty walking or uneven gait
· Drooling
· Overall poor development
Symptoms of birth injuries can range from mild and barely noticeable to extremely severe and life-impacting. If a parent or caregiver notices any of these symptoms in an baby or an older child, a doctor should be consulted as soon as possible.
Birth Injury Lawsuits
Tragically, birth injuries form the basis of many medical malpratice lawsuits. The reasons many parents choose to seek legal advice an injured child’s birth include:
· Financial concerns for the child’s medical needs, both now and in the future.
· Feeling as if the doctor was dishonest about the cause of the injury.
· Suspecting negligence on the part of the doctor.
· Wanting to prevent the doctor from injuring other children.
· Learning that their child’s injury could have been prevented.
· To hold the doctors and staff accountable for their actions.
Birth injuries can be devastating to parents – both emotionally and financially. Accordingly, if you think your child is suffering from a birth injury as a result of medical negligence, please contact an experienced birth injury attorney today to discuss your case.
About the Author
If your family has been affected by a preventable birth injury, contact the lawyers at Silberstein, Awad & Miklos today.
Is this a normal contract for attorney’s fees in a settlement?
We are filing a lawsuit against a big pharm company related to our son’s birth defect. The attorney sent over a contract and it states that the attorney will receive 35% of any settlement (I’ve read that this is pretty close to standard) and “client understands that the client is giving up at this time to the attorneys the amount stated above, and that such percentage is of the the total recovery or settlement before any costs, expenses, or disbursements are deducted and client understands that all costs, expenses, and disbursements are paid out of the Client’s portion of the recovery, and not out of the attorneys’ portion.”
Does this mean that after they take 35% I’ll still have a large bill for their services? Is this a standard for personal injury claims? Any advice would be appreciated.
The attorney will EITHER work for a percentage of any settlement OR for a fixed or hourly fee. That said, court fees and expenses related to the case are in addition to the attorney’s 35%. You MAY have a bill above the 35%, but it will not be for their services. I suggest discussing likely fees with the attorney BEFORE signing the contract. If they can’t/won’t explain this to your satisfaction, you shouldn’t hire them.
Birth injury lawyers in Philadelphia, New York, and Cherry Hill