If you’re a parent of a baby who has been injured during the delivery process, you might feel hopeless and like there’s nowhere to turn to get your questions answered. Your baby could have brain damage or could have a physical injury that depletes the quality of life that the child would have if a trauma wouldn’t have occurred. These injuries could have been caused because the nurses, doctors, and other medical professionals were negligent during the delivery process and even throughout the pregnancy. As the baby gets older, the expenses continue to mount because the child requires medical attention. An option is to turn to an attorney who can offer assistance.
An attorney can meet with you at any time to discuss the actions that were taken during prenatal care and while your baby was being delivered. One of the things that you might be concerned about is the expense associated with legal fees, but your attorney can usually accept payments or take the fees from any settlement that is reached. An attorney can investigate the circumstances and the details about what happened while putting a claim together so that you can focus on providing the necessary care for your child.
Most offices don’t charge any kind of fee until a settlement is reached and you have the compensation for the birth trauma in your hands. Birth injury or birth trauma cases are carefully detailed by judges in Chicago. Most fees associated with these cases are regulated, which means that there is a set amount that you would need to pay in fees after the settlement. Attorneys are limited to up to one-third of the settlement amount. The distribution of the amount has to be approved by a judge, which means that you will receive the amount awarded as will your attorney. A probate judge can award the distribution of a settlement amount if an agreement is reached so that you can provide the needed medical treatments for your child. As the parent of the child, you would be responsible for the immediate needs as well as the long-term needs of the child.
In the event that the case fails, then you would likely not be required to make any kind of payment to the attorney’s office. This often means that the attorney will work harder to obtain justice for the birth trauma that your family is going through because there is no payment unless the case is won. The only thing that you are required to do is to provide the needed care for your baby. The proper investigations are started by the attorney along with obtaining all of the documents associated with the birth trauma so that you don’t have to spend the little extra time that you do have performing research or working with doctors and medical officials to secure your case. One of the things that you might have to do is make a statement about your experience while pregnant and about what happened during delivery. You could also be asked to provide any information obtained during your pregnancy about any possibility of birth trauma or injury.
Once all of the documents are signed to begin the pursuit of a lawsuit, the attorney will work to gather evidence to submit to the court. All records associated with the birth of your baby as well as the records held by your doctor’s office are retrieved and combed through to determine if there were any issues pertaining to your health that could have resulted in trauma during birth. Details about the care your baby received while in the hospital are also obtained to determine if any of the doctors or nurses failed to provide the proper care needed. The type of injury doesn’t matter whether it’s one that has left a physical defect or one that has resulted in your baby’s cognitive abilities impacted. The attorney will work just as hard on one case as another. Anyone who is found to deviate from the proper standard of care during your pregnancy or during the delivery of your baby will be listed in the lawsuit as well as anyone who played a role in any injury to your baby while in the hospital.