How Does a Birth Injury Lawyer Become the Best?
If you are concerned that your child has suffered a serious injury during the birth process, it can be devastating. You are probably listening to a lot of medical opinions, and you might be wondering if your child will ever make a full recovery. Fortunately, this is not a process that you need to go through on your own.
Hospitals and medical practices generally don’t tell you exactly what happened. If you feel in the dark, you are not alone. A birth injury attorney is often the one who can help. There are a lot of lawyers available, but how do you know you have found the best birth injury lawyer for you and your family? There are a lot of factors to consider. They include:
- Area of Expertise: While every lawyer goes to law school, not every lawyer specializes in birth injury law. This is a very specialized area of the law, and you should take a look at the lawyer’s practice areas to make sure they specialize in birth injuries.
- Time and Availability: You may have found an exceptional birth injury lawyer, but if they do not have time to take your case, you might have a hard time working with them. Always ask the lawyer if they have time to take your case. They should be honest with you.
- Care and Compassion: If you are seeking help from a birth injury lawyer, you are probably going through a very difficult time in your life. You should work with an attorney who gives you care and compassion during the process.
- Ancillary Resources: A strong lawyer should also have ancillary resources that can help you. For example, if you are not satisfied with the level of medical care that you and your child are getting, your lawyer should be able to refer you to someone else who can help you.
- Reviews: What do real clients say about the birth injury or cerebral palsy lawyer?
Clearly, there are a lot of factors involved as you search for a birth injury lawyer in Iowa, but you need to work with a birth injury attorney in the local area who can get you the justice you deserve. That is why you also need to pay attention to the results the legal team has gotten.
It Starts with Results
When you are looking for an Iowa birth injury lawyer, the first factor you need to think about is the results of prior cases. When you take a look at case results, there are a few factors you should consider. They include:
Experience
How many cases has the law firm had similar to yours? First, you need to take a look at the sheer number of birth injury cases. How many cases have they had, and how many cases do they take per year? The more cases they have taken, the better. Then, you need to consider the types of birth injury cases they have had. For example, have they had a lot of cases where babies have suffered clavicle fractures? Have they had a lot of cases involving babies who have suffered Erb’s or Klumpke’s palsy? See if they have had cases that involve injuries similar to the ones your child may have suffered.
Percentage of Cases Settled vs. Dismissed vs. Gone To Trial
Then, you need to ask the lawyer about the percentage of their cases that are dismissed, settled, and won or lost at trial. These definitions mean:
- Settled: This means that there was an agreement made with the defendant before the case went to trial. There is usually a monetary award given to the plaintiff if a case is settled out of court. This keeps the case out of the public eye and can protect the privacy of those involved.
- Dismissed: If the case is dismissed, it means that there is no monetary award given. If the case is dismissed with prejudice, it cannot be refiled later. If the case is dismissed without prejudice, then it can be filed again at a later date if more evidence or information is uncovered.
- Trial: If the case goes to trial, this means that it was not dismissed or settled out of court. When a case goes to trial, you need to ask what percentage of those cases are won and what percentage of those cases are lost. Typically, if the verdict is successful, the jury will also be responsible for deciding how much money is awarded.
You want to see a large percentage of cases either settled or won at trial. Work with a birth injury lawyer in Iowa with a high winning percentage.
The Size of the Monetary Awards Won
Raising a child who has suffered a birth injury can be expensive, and you need to work with an Iowa birth injury lawyer who can help you secure the largest amount of financial compensation possible. Therefore, ask the attorney about the total value of the cases they have won and the average value of each verdict. Most lawyers will be willing to share examples of prior cases with you, and lawyers are proud if they have secured large monetary settlements and verdicts for their clients.
Understand that the lawyer will receive a large portion of the final recovery – seek a lawyer who will earn their money and has in the past.
Lawyers Who Get Results
Understand, no two cases are the same. One lawyer’s past successes never guarantee success in your case. But there will virtually never be a fee unless the attorney is successful, so why not try?
- Fieger Law recovered $97.4 million for a family whose child suffered severe brain injuries during the birth process. The verdict was awarded for future medical expenses, loss of future earnings, and pain and suffering. During the birth process, vacuum extraction failed, and the birth team used forceps, crushing the newborn’s skull. The case went to a jury, which agreed with Fieger and his clients, and awarded the record-setting verdict.
- Slater Law recovered $850,000 for a client who filed a lawsuit against a doctor. During the delivery, the doctor used forceps to assist the delivery process, but the baby was born with a significant facial deformity and major scarring as a result of the forceps use.
- In a separate case, Slater Law recovered $1.15 million for a client whose physician failed to provide adequate care to the mother while in labor, resulting in one of the mother’s twin children suffering a severe intraventricular hemorrhage – a brain bleed that can lead to serious, life long injury.
- Another one of the top birth injury lawyers in the area is RSH Legal. In one case, RSH recovered $825,000 for a birth injury stemming from an inadequate response to shoulder dystocia. In the case, a newborn baby suffered permanent loss of use of one hand and arm due to poor management of this condition. In another shoulder dystocia birth injury case, RSH Legal was able to recover $1.25 million due to permanent loss of use of one arm and hand.In a third case, RSH legal was able to recover $1.1 million for a family whose child suffered severe brain damage due to failure of appropriate management of complications during the birth process.
- Hixson & Brown also has a long track record of success for birth injury clients. In one case, Hixson & Brown was able to recover $5.5 million for a client whose baby had suffered hypoxic ischemic encephalopathy during the delivery process, which is a condition that leads to brain damage stemming from inadequate oxygen. The medical personnel failed to appropriately diagnose and treat the condition, leading to severe cerebral palsy.
The Best Iowa Cerebral Palsy Lawyers
Cerebral palsy can arise from medical malpractice during or before the birthing process. Cerebral palsy and HIE (Hypoxic Ischemic Encephalopathy) result from the baby receiving insufficient oxygen. For CP and HIE cases, you will need an experienced lawyer who has sufficient experience and resources to take on well heeled hospitals. There are several lawyers in Iowa who take cerebral palsy cases.
- RSH Legal
- Fieger Law
- Hixson & Brown Law Firm
- Slater Law
- Hayes Lorenzen Lawyers
- JJS Justice
Birth Injury Defendants in Iowa
In general, there are a few common categories of defendants in birth injury cases. They include:
- The Hospital System: The reality is that a lawsuit has to be filed against someone with the ability to pay, and the hospital system is the main target. Hospitals generate a significant amount of revenue every year, and they are responsible for making sure that their medical professionals have an appropriate level of supervision. If a baby suffered a birth injury that could otherwise have been prevented, then they could be held responsible. The hospital is the main defendant in most cases.
- The Doctor: The doctor is responsible for coordinating all aspects of care, and if the baby suffered a birth injury, then the doctor could be held responsible. This could include the OB/GYN, who is responsible for delivering the baby, and the NICU or nursery doctor, who is responsible for taking care of the baby after the delivery is finished. A birth injury lawyer can take a look at the medical records to make sure all best practices were followed during the delivery process.
- The Midwife: The midwife, if there is one, could also play a role in the case. Today, there are a lot of midwives involved in the delivery of babies, and they do not always follow the best practices in the field. If the baby suffered a serious birth injury, a birth injury lawyer can take a look at the actions taken by the midwife to ensure they are appropriate. They could be added as a defendant in the case.
Examples potential Iowa birth injury lawsuit defendants:
- The University of Iowa Hospitals System
- Mercy Hospital Iowa City
- Iowa Methodist Medical Center
- Genesis Medical Center
- OB-GYN Associates
- University of Iowa Clinics
- UnityPoint Health
- MercyOne Central Iowa
About Iowa Birth Injury Cases and Birth Injury Law
Every birth injury should be investigated thoroughly. Birth injuries come in many shapes and forms, including broken clavicles, cerebral palsy, cerebral hemorrhage, skull fractures, hypoxic ischemic encephalopathy, and nerve injuries. To file a birth injury lawsuit in Iowa, time is of the essence. Statutes of limitations always apply. After the statute of limitations has expired, you will not be able to recover any money for your injured child. Reach out to a birth injury lawyer today.