NATIONALLY RECOGNIZED

Child and
Birth Injury
Lawyers

Justice for Babies and Children

Children have a right to safe, healthy, and happy upbringings. As parents, caretakers, and responsible citizens, it is our responsibility to work towards providing this for all our nation’s children. Unfortunately, it is all too easy for a defenseless child to fall victim to the negligence, recklessness, or malice of others. When preventable injuries befall our precious children, it is only right that we demand and fight for justice.

Nationally-recognized child injury attorney Jeffrey Killino works hard to protect the rights of hurt or neglected children. Our experienced attorneys, paralegals, and investigators share the goal of helping injured families win the compensation they need and the justice they deserve. If your child has been hurt in a preventable accident caused by negligence or a defective toy or other product, call us today at 1-877-875-2927.

Standing up for Children Nationwide

There is simply no excuse for negligent or abusive actions that cause injury to innocent children. Whether your child has suffered because of a car, playground, or bicycle accident, a toxic toy, medical malpractice, or negligent childcare, you have a right to hold the responsible party accountable in a court of law. Contact us today to learn how we can help you obtain the compensation you and your child deserve.

Child Accident Lawyers

Children are, by nature, less fearful than adults and less inclined to appreciate the risks associated with play or other activities. As a consequence, they are susceptible to accidents throughout any given day. While many accidents are caused by nothing more than children’s own exuberance, others may be due to someone’s negligence or a defective product. Our child-accident attorneys have the experience and expertise to identify all the causes of your child’s accident injury or death and to hold each and every responsible party accountable through legal action.

Child Injury Lawyers

Child injuries and deaths may be caused by accidents that could have been prevented were it not for someone’s negligence or the child’s exposure to or use of a defective toy or other product. A child’s injury or death may also be caused by pediatric or other medical malpractice. Birth injuries, for example, may be caused by the malpractice of obstetricians and others who take part in the care and treatment of a pregnant woman and her fetus during the woman’s pregnancy or the delivery of her child. The negligence of pediatricians, such as the misdiagnosis or delayed diagnosis of a serious condition or illness, may also result in severe injury or death to a child. No matter what the cause of your child’s preventable injury or death, our dedicated team of child injury lawyers is here to provide you with exceptional representation and the aggressive pursuit of justice from all those who have caused your child’s injury or death.

Amusement Park Injury Lawyers

Amusement park injuries may cause severe injuries or death to a child who had anticipated nothing more than a day of fun. In addition to defects in amusement park rides, the negligence of ride operators or park maintenance employees may cause children’s injuries or deaths. Our amusement park injury attorneys have experience with all types of amusement park injuries and are ready to fight for the compensation you deserve for your child’s injury or death.

Bicycle Accident Lawyers

Children’s bicycle accident injuries can be caused by defects in bicycles or bicycle helmets, the negligence of other bicyclists or drivers of motor vehicles, or the negligent maintenance of bicycle paths. Our bicycle accident attorneys have extensive experience with bicycle accident cases and will work to achieve justice for your injured child.

Birth Injury Lawyers

Children’s birth injuries are often caused by medical malpractice during a mother’s pregnancy or the delivery of her child. Asphyxia birth injuries, which are caused by a deprivation of oxygen to a fetus or newborn, are the most common type of birth injury and include cerebral palsy and HIE (hypoxic ischemic encephalopathy), both of which can result in lifelong damages. If your child has sustained any type of birth injury as a result of medical malpractice, our highly experienced and nationally recognized team of birth injury lawyers can help you obtain financial damages from the medical professionals responsible for your child’s birth injury.

Burn Injury Lawyers

Children are often severely burned as a result of someone’s negligence or a defective product. While contact burns sustained from touching a stove or hot-water heater can occur when a child is not properly supervised, tap-water burns are the most common of children’s burn injuries and can result in a child’s serious injury or death. Our child burn-injury attorneys have experience with a wide variety of burn-injury cases involving burns caused by the negligence of child caregivers or defective products to which a child has been exposed. We will thoroughly investigate the causes of your child’s burn injury as well as the identity of all those who may be held responsible.

Car Seat Injury Lawyers

Car seats save the lives of a great many children every year. When a child’s car seat is defective or improperly installed, however, the child may sustain serious injury or death as a result. Our car seat injury attorneys have handled a wide variety of traffic accident cases, including those arising out of injuries and deaths caused by defective car seats, and will put that experience to work for you.

Child Brain Injury Lawyers

A child’s brain injury may be caused by an obstetrician’s negligence during the mother’s pregnancy or the child’s delivery, pediatric malpractice, the ingestion of toxic substances, non-fatal drowning, and a great variety of additional accidents. Our child brain injury lawyers will apply their widely recognized expertise with these complex cases to do what it takes to achieve justice for you and your brain-injured child.

Child Dog Bite Injury Lawyers

Any dog can bite a child and cause the child serious injury or even death. Dog owners may be held liable for such injuries if the owner’s negligence is a cause of the injury. In some states, owners may be responsible for dog bite injuries even in the absence of the owner’s negligence. Our dog bite injury attorneys will use their thorough knowledge of dog-bite injury law to provide you with competent and aggressive representation for your child’s dog-bite injury case.

Choking Injury Lawyers

Children’s swallowing reflexes and throat size are unequal to those of adults. Children also have a propensity for placing objects in their mouths. This combination of factors makes children particularly vulnerable to serious choking injuries or death. From toys with small, removable or easily breakable parts to adult products with small parts that are accessed by children, products that pose choking hazards to children abound in the average household. Whether your child’s choking injury was caused by someone’s negligence or a defective product, our team of choking-injury attorneys can help you hold all the parties responsible for your child’s choking injury or death liable through legal action.

Crib Injury Lawyers

Parents rightly expect their children to be safe while they are in their cribs, yet, defective cribs and products intended for crib use often cause injuries and death to small children. Cribs with slats that are too far apart and allow a child to be caught and strangled, crib bumpers or pads with strings that can strangle a child, and crib mobiles with small parts that can cause a choking injury or death are only a few of many examples. The manufacturers of these defective children’s products may be held legally responsible for injuries or deaths proven to have been caused by the product’s defect. Our crib injury attorneys have fought for the rights of many children who have been injured by defective cribs and will fight just as diligently for your crib-injured child.

Daycare Injury Lawyers

Daycare injuries and even deaths are far more common than most parents realize. When these injuries are caused by the negligence of a daycare center and/or its employees, the center and employees may be held liable for a child’s resulting damages. Our daycare injury attorneys have handled a great variety of daycare-injury cases and are dedicated to achieving justice for every daycare-injured child.

Defective Children’s Product Injury Lawyers

Products intended for a child’s use may cause a child’s serious injury or death as a result of a product defect. Educational products with button batteries or magnetic pieces that easily fall out and can be ingested by a child, for example, are perilous to a child’s health. Children’s lamps with cords that can be pulled down by a child and wrapped around the child’s neck pose serious strangulation hazards to small children. Children’s clothing with drawstrings creates similar dangers for young children. Our team of defective children’s product attorneys has extensive experience with all types of defective children’s product cases and can provide you with the expertise you need to hold the parties responsible for your child’s defective-product injury accountable.

Drowning Injury Lawyers

Though most people think of drowning as a fatal accident, drowning (which may be defined as any accident that involves the deprivation of oxygen through the breathing in of water) can also result in non-fatal injuries, such as brain damage. Land or property owners on which pools or other bodies of water are located may be held legally responsible for the fatal or non-fatal drowning accidents of children who are given or gain access to such water. In many states, even the owners of land on which a child was trespassing when the drowning accident occurred may be held liable for the child’s injuries or death. Our drowning injury attorneys have handled drowning-injury cases in multiple states around the country and are thoroughly versed in the law and science required to successfully hold all those responsible for a child’s drowning injury liable for the damages suffered by the child and his or her family.

Playground Injury Lawyers

Dangerous conditions on playgrounds or the negligence of playground supervisors may result in a child’s injury or death and the liability of private playground owners, maintenance companies, and/or playground employees. Our playground injury attorneys have extensive experience with playground injury cases, including those arising out of injuries caused by multiple defendants, and will work to obtain the compensation your child deserves from every party responsible for your child’s playground injury.

School Bus Accident Lawyers

School bus accidents very often result in serious injury or death to school children. These injuries may result from negligence of bus drivers who allow children to run around a bus, the negligence of private owners of buses who fail to maintain buses, or the negligence of other drivers involved in a multi-vehicle crash. In many cases, the owner of a bus as well as the maintenance company hired by the owner may be found liable for a child’s injuries. Negligent school bus drivers as well as their employers may also be found responsible for injuries caused by the driver’s negligence. Our school bus accident attorneys are dedicated to holding all those responsible for children’s school bus accident injuries accountable through legal action and to making school buses safer for children in the future.

Toy Injury Lawyers

Toys are frequently defective, toxic, or otherwise unsafe for a child’s use. Some contain small parts that can easily come off and cause children’s choking injuries or deaths. Others are coated with lead-containing paint that can poison a child and cause brain damage, organ damage, or even death. Attorney Jeffrey Killino and his team of toy injury attorneys are known nationwide for their work in holding the manufacturers of dangerous toys responsible for children’s injuries and deaths caused by toy defects. In a case brought by our toy injury team against major toy manufacturer Mattel, Inc., for example, the company was ordered to provide free lead testing to children who may have been exposed to toys coated with or containing lead. If your child has been injured by a defective toy, we will work just as aggressively for you to achieve every bit of the compensation to which you are entitled for your child’s injury or death.

For information regarding additional types of cases handled by our child- injury team, see Types of Child Injuries.

Practice Areas

Child Injury

Birth Injury

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Testimonials

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.

Life-Changing Financial Security

For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.

Ongoing Client Support and Protection

Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.

Caring for Clients and the Community

Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.

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Common Questions

Child Injuries

A child injury encompasses any harm inflicted upon a minor (a person under the age of 18) due to the negligence, recklessness, or intentional actions of another person or entity. These injuries can be physical, emotional, or psychological and can occur in various settings, including homes, schools, playgrounds, daycare centers, hospitals, roadways or public spaces.

Child injuries can stem from a wide range of causes, but some of the most frequent include:

  • Falls: Falls are a leading cause of non-fatal injuries for children. According to the CDC, over 8,000 children are treated in U.S. emergency rooms daily for fall-related injuries. These can occur from playground equipment, windows, stairs, or furniture.

  • Motor Vehicle Accidents: Car crashes, pedestrian accidents, and bicycle accidents account for a significant number of child injuries and fatalities. NHTSA data from 2020 shows that 607 child passengers aged 12 and younger died in car crashes.

  • Drowning: Drowning is a leading cause of death for children, especially toddlers and preschoolers. Swimming pools, bathtubs, and even buckets of water pose dangers. The CPSC highlights that most child drownings occur in residential swimming pools.

  • Burns: Burns from hot liquids, fires, stoves, and electrical outlets are common, particularly in younger children.

  • Poisoning: Household chemicals, medications, and cleaning products can be poisonous if ingested by children.

  • Choking: Small objects, toys, and food can cause choking, particularly in infants and toddlers.

  • Sports and Recreation Injuries: Organized sports, playground activities, and recreational activities can lead to sprains, strains, fractures, and concussions.

  • Dog Bites: Dog bites can cause serious injuries, especially to the face and neck.

  • Abuse and Neglect: Sadly, child abuse and neglect remain significant concerns, causing physical and emotional harm.

Possibly. Schools have a duty to provide a safe environment. If negligence led to the injury, like inadequate supervision on the playground or a known hazard not being fixed, there could be grounds for a case.

Our firm, works on a contingency fee basis. This means:

  • No Upfront Fees: You don’t pay any attorney fees out of pocket.
  • Fees Based on Recovery: The lawyer’s fee is a percentage of the compensation they recover for you through a settlement or judgment.
  • No Fee if No Recovery: If the lawyer doesn’t win your case, you don’t owe them any attorney fees.

This arrangement allows families to access legal representation without having to worry about upfront costs or adding to their financial burden.

If your child is injured, it’s important to act quickly and decisively to protect their health and legal rights:

  • Seek Medical Attention: Your child’s health and well-being are the top priority. Seek immediate medical attention, even if the injury seems minor.
  • Report the Incident: If the injury occurred at a school, daycare center, or other facility, report the incident to the appropriate authorities.
  • Gather Information: If possible, document the scene with photos or videos. Obtain the names and contact information of any witnesses.
  • Preserve Evidence: Keep any relevant items, such as your child’s clothing or the object that caused the injury.
  • Contact Us: Consult with The Child and Birth Iinjury Lawyers as soon as possible to discuss your legal options and protect your child’s rights.

Child injuries can happen anywhere, but some common settings where negligence often plays a role include:

  • Schools and Daycare Centers: These institutions have a duty to provide a safe environment and adequate supervision for children. Negligence can involve inadequate supervision, unsafe premises, or failure to address bullying or harassment.

  • Playgrounds: Playground injuries are common, and negligence can involve faulty equipment, lack of maintenance, or inadequate supervision.

  • Swimming Pools: Negligence related to swimming pools can include inadequate fencing, lack of supervision, or failure to provide proper safety equipment.

  • Retail Stores and Businesses: Negligence in retail stores or businesses can involve hazardous displays, slippery floors, or falling merchandise.

  • Homes: Negligence in a home setting can involve unsafe conditions, such as unsecured furniture, accessible poisons, or unrestrained dogs.

  • Roadways: Roadways can pose risks for child injuries due to negligent drivers, unsafe pedestrian crossings, or lack of traffic safety measures.  

Determining liability in a child injury case involves assessing whether another party’s negligence or wrongful actions directly caused your child’s injury. Negligence occurs when someone fails to exercise reasonable care, and that failure results in harm to another person.

  • Duty of Care: Adults and entities responsible for children have a legal duty to provide a safe environment and take reasonable precautions to prevent foreseeable harm.

  • Breach of Duty: If this duty of care is breached, and that breach directly causes a child’s injury, the responsible party can be held liable.

Playground injuries often involve falls from equipment, collisions with other children, or contact with hard surfaces. Common injuries include:

  • Fractures: Broken bones, particularly in the arms and legs.

  • Head Injuries: Concussions, skull fractures, or traumatic brain injuries.

  • Sprains and Strains: Injuries to ligaments and muscles.

  • Cuts and Abrasions: Lacerations, scrapes, and bruises.

Determining liability in a car accident involving a child depends on various factors, including:

  • Negligent Driving: If another driver’s negligence, such as speeding, distracted driving, or drunk driving, caused the accident, they can be held liable.

  • Defective Vehicle: If a vehicle defect, such as faulty brakes or tires, contributed to the accident, the vehicle manufacturer or a mechanic may be liable.

  • Road Conditions: If hazardous road conditions, such as potholes or inadequate signage, played a role, a government entity responsible for road maintenance may be liable.

Schools have a duty to provide a safe learning environment for students. If a child is injured due to bullying or harassment, and the school knew or should have known about the issue and failed to take appropriate action, the school might be liable.

If a defective toy caused your child’s injury, you may have a product liability claim against various parties:

  • Manufacturer: The company that designed and manufactured the toy may be liable for design flaws, manufacturing defects, or failure to provide adequate warnings.

  • Distributor: The company that distributed the toy may also be held liable if they were aware of the defect or failed to properly handle and store the product.

  • Seller: The retailer who sold the toy may be liable in some cases, particularly if they knew about the defect or misrepresented the product’s safety.

The goal of a child injury lawsuit is to secure compensation for the full extent of your child’s losses, both present and future. Damages may include:

  • Medical Expenses: This covers all past and future medical costs associated with the injury, including hospitalization, surgery, doctor visits, therapy, rehabilitation, medication, and medical equipment.

  • Pain and Suffering: This compensates for the physical pain, emotional distress, and mental anguish your child has experienced and may continue to experience due to the injury.

  • Loss of Future Earning Capacity: If the injury is severe and impacts your child’s ability to earn a living in the future, you can seek compensation for this loss.

  • Disability: If your child’s injury results in a permanent disability, you can recover damages for the costs of long-term care, assistive devices, and modifications to your home.

  • Disfigurement: Compensation may be awarded for scarring, disfigurement, or other permanent physical changes resulting from the injury.

To determine liability, we need to establish if another party’s negligence caused your child’s harm. This means they had a responsibility to keep your child safe, they failed in that responsibility, and that failure directly led to the injury. For example, if a store owner knew about a broken step and didn’t fix it, and your child fell on that step, they could be liable.

There are several ways a child injury case can be resolved:

  • Settlement: Most child injury cases are resolved through settlement negotiations. This involves reaching an agreement with the defendant(s) and their insurance companies to pay a sum of money to compensate for the child’s injuries and losses.
  • Trial: If a settlement cannot be reached, the case may proceed to trial. During a trial, a judge or jury will hear evidence and arguments from both sides and decide whether the defendant(s) are liable for the child’s injuries. If liability is established, the judge or jury will also determine the amount of damages to be awarded.
  • Alternative Dispute Resolution (ADR): Some cases may be resolved through ADR methods, such as mediation or arbitration. These methods involve a neutral third party who helps the parties reach a resolution.

Expert witnesses can provide invaluable support in child injury cases. They offer specialized knowledge and testimony to help establish negligence, causation, and damages. Some common types of expert witnesses in these cases include:

  • Medical Professionals: Doctors, therapists, and other healthcare providers who can testify about the child’s injuries, treatment, prognosis, and long-term care needs.
  • Accident Reconstructionists: Experts who can analyze the accident scene and provide insights into how the injury occurred, who was at fault, and the contributing factors.
  • Child Psychologists: Experts who can assess the emotional and psychological impact of the injury on the child, as well as their future needs for therapy or counseling.
  • Economists: Experts who can calculate the financial losses associated with the child’s injury, including future medical expenses, lost earning capacity, and other economic damages.

Birth Injuries

A birth injury encompasses any type of harm or damage that occurs to a baby during the labor and delivery process, or in the immediate newborn period. These injuries can vary significantly in severity, ranging from minor, temporary conditions like bruising or swelling, to severe and lifelong disabilities. Some of the most common and serious birth injuries include:

  • Cerebral Palsy: This is a group of disorders that affect a child’s movement, muscle tone, and posture. It’s often caused by oxygen deprivation to the brain during labor and delivery, and it can lead to difficulties with motor skills, coordination, and balance. The CDC estimates that the prevalence of cerebral palsy in the U.S. is around 1.5 to 4 cases per 1,000 live births.
  • Brachial Plexus Injuries: These injuries involve damage to the network of nerves that control movement and sensation in the shoulder, arm, and hand. They typically occur when the baby’s neck is stretched or twisted during a difficult delivery. Brachial plexus injuries can result in weakness, paralysis, or limited range of motion in the affected arm.
  • Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage caused by a lack of oxygen and blood flow to the baby’s brain. This can occur during labor or delivery if the baby experiences fetal distress, such as an abnormal heart rate or umbilical cord complications. HIE can have a wide range of long-term effects, including cerebral palsy, developmental delays, intellectual disabilities, and seizures.

While some birth injuries are unavoidable, many are caused by medical negligence, which occurs when a healthcare provider fails to provide the accepted standard of care, resulting in harm to the baby. Some common causes of birth injuries include:

  • Oxygen Deprivation: This can occur due to various factors, including problems with the placenta or umbilical cord, maternal health conditions, or difficulties during labor and delivery. Failure to properly monitor the baby’s heart rate and oxygen levels, or delays in performing a necessary cesarean section, can lead to oxygen deprivation and brain injuries like HIE and cerebral palsy.
  • Trauma During Delivery: Excessive force used during delivery, improper use of forceps or vacuum extraction, or shoulder dystocia (when the baby’s shoulders get stuck during delivery) can cause injuries to the baby’s head, neck, or nerves.
  • Medical Errors: These can include medication errors, failure to diagnose and treat maternal infections, or delays in recognizing and responding to complications during labor and delivery.
Cerebral palsy (CP) is a group of disorders that affect a person’s ability to move and maintain balance and posture. It is the most common motor disability in childhood. CP is caused by abnormal brain development or damage to the developing brain that affects a person’s ability to control their muscles.  
  • Causes: The majority of cases of CP are caused by brain damage that occurs before or during birth. Some of the factors that can contribute to brain damage include:
    1. Lack of oxygen to the brain (asphyxia)
    2. Premature birth
    3. Low birth weight
    4. Infections during pregnancy
    5. Jaundice
    6. Head trauma
  • Symptoms: The symptoms of CP vary from person to person. Some people with CP have mild symptoms, such as difficulty walking or talking, while others have severe symptoms that make it difficult to perform everyday tasks. Common symptoms include:
    1. Muscle stiffness or spasticity
    2. Poor coordination
    3. Tremors or involuntary movements
    4. Difficulty with speech
    5. Difficulty with swallowing
    6. Seizures
    7. Intellectual disability
  • Treatment: There is no cure for CP, but there are treatments that can help manage symptoms and improve quality of life. These treatments may include:
    1. Physical therapy
    2. Occupational therapy
    3. Speech therapy
    4. Medications
    5. Surgery
Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs when a baby’s brain doesn’t get enough oxygen and blood. This can happen during labor and delivery or shortly after birth. HIE can cause a variety of problems, including:
  • Cerebral palsy: A disorder that affects muscle movement and coordination.
  • Intellectual disability: Difficulties with learning and problem-solving.
  • Seizures: Uncontrolled electrical activity in the brain.
  • Vision and hearing problems: Problems with seeing or hearing.
  • Behavioral problems: Difficulties with behavior and emotions.
  • Death: In severe cases, HIE can be fatal.
The long-term effects of HIE depend on the severity of the brain damage. Some children with HIE may have mild disabilities, while others may have severe disabilities that require lifelong care.

A skull fracture is a break in the bones of the skull. Skull fractures in newborns are usually caused by trauma during delivery, such as the use of forceps or a vacuum extractor.

  • Signs and Symptoms:
    1. Swelling or bruising on the head
    2. A soft spot (fontanelle) that feels abnormal
    3. Seizures
    4. Vomiting
    5. Lethargy
    6. Difficulty feeding
  • Diagnosis: If a skull fracture is suspected, the doctor will order imaging tests, such as an X-ray or CT scan.
  • Treatment: Treatment for a skull fracture depends on the severity of the fracture. Some fractures may heal on their own, while others may require surgery.

Determining if a birth injury was caused by medical negligence is a complex process that requires careful review of medical records and expert analysis. Here’s what we look for:

  • Deviation from the Standard of Care: We work with medical experts to determine the accepted standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances. If the healthcare provider’s actions fell below this standard, it may indicate negligence.
  • Causation: We must establish a direct link between the healthcare provider’s negligence and the child’s injury. This means showing that the negligence was a substantial factor in causing the harm.
  • Damages: We must demonstrate that the child suffered actual damages as a result of the birth injury, such as medical expenses, pain and suffering, or loss of future earning capacity.
The signs and symptoms of a birth injury can vary widely depending on the type and severity of the injury. Some signs may be apparent immediately after birth, while others may not become evident until later in the child’s development. Here are some common signs and symptoms:
  • Physical Signs: These can include bruising, swelling, facial paralysis, abnormal muscle tone (either too stiff or too floppy), seizures, difficulty breathing, or feeding problems.
  • Developmental Delays: As the child grows, developmental delays may become apparent, such as delays in reaching milestones like rolling over, sitting up, crawling, or walking.
  • Cognitive Impairments: Birth injuries can also affect cognitive development, leading to difficulties with learning, memory, attention, or problem-solving.
  • Behavioral Issues: Some children with birth injuries may exhibit behavioral problems, such as hyperactivity, aggression, or emotional difficulties.
Yes, it’s possible for some birth injuries to have delayed onset or for symptoms to become more apparent as the child grows and develops.
  • Regular Checkups are Crucial: It’s essential to maintain regular checkups with your child’s pediatrician and any specialists involved in their care. These professionals can monitor your child’s development, identify any potential concerns, and provide early intervention if needed.
  • Developmental Monitoring: Be attentive to your child’s development and watch for any signs of delays or difficulties. If you have any concerns, don’t hesitate to raise them with your healthcare provider.
  • Early Intervention: Early intervention is key to maximizing your child’s potential and minimizing the long-term impact of any birth injuries.
A birth injury lawsuit aims to compensate the child and family for the losses they have suffered as a result of the injury. These losses can be extensive and include both economic and non-economic damages.
  • Economic Damages: These are quantifiable financial losses, such as: 
    • Medical Expenses: Past and future medical costs, including hospitalization, surgeries, doctor visits, therapies (physical, occupational, speech), medications, medical equipment, and assistive devices.
    • Rehabilitation Costs: Costs associated with rehabilitation services, such as physical therapy, occupational therapy, speech therapy, and other therapies aimed at improving the child’s function and quality of life.
    • Lost Income: Compensation for lost income if a parent needs to take time off work or reduce their work hours to care for the child. This can include past lost wages and future lost earning capacity if the parent is unable to return to their previous employment.
    • Home Modifications: Costs associated with modifying the home to accommodate the child’s needs, such as installing ramps, widening doorways, or adapting bathrooms.
    • Special Education and Support Services: Expenses related to special education, tutoring, and other support services that the child may require.
  • Non-Economic Damages: These are more subjective and difficult to quantify, but they are equally important in compensating for the impact of the injury. They include: 
    • Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish experienced by the child and their family.
    • Loss of Enjoyment of Life: Damages for the child’s diminished ability to participate in and enjoy activities they would have otherwise been able to do.
    • Loss of Consortium: Compensation for the loss of companionship and support experienced by the child’s parents or siblings.
  • Wrongful Death: In tragic cases where the birth injury results in the child’s death, damages can include funeral expenses, grief counseling, and loss of companionship.

Birth injury cases present unique challenges, including:

  • Proving Causation: Establishing a direct link between the healthcare provider’s negligence and the child’s injury can be complex, especially if the child has pre-existing conditions or if there are other potential contributing factors.
  • Medical Expert Testimony: Birth injury cases rely heavily on medical expert testimony to establish the standard of care, explain complex medical issues, and prove causation.We have access to the best experts in the country.
  • Defending Doctors and Hospitals: Healthcare providers and hospitals often have significant resources and legal teams to defend against these claims.
  • Emotional Toll: Birth injury cases can be emotionally draining for families who are already coping with the challenges of raising a child with a disability.

Medical experts play a vital role in birth injury cases. They provide specialized knowledge and testimony to support your claim. Their roles include:

  • Reviewing Medical Records: Medical experts carefully review the mother’s and child’s medical records to identify any deviations from the standard of care or other signs of negligence.
  • Establishing the Standard of Care: They define the accepted standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances.
  • Explaining Complex Medical Issues: They explain complex medical issues to the judge and jury in a clear and understandable manner.
  • Providing Expert Opinions: They offer expert opinions on causation, the extent of the child’s injuries, and the prognosis for future recovery.
  • Testifying in Court: They may be called to testify in court to provide their expert opinions and support your case.

If you suspect your child has suffered a birth injury, it’s crucial to take the following steps:

  • Seek Medical Attention: Your child’s health and well-being are the top priority. Seek immediate medical attention from your pediatrician or other qualified healthcare provider.
  • Document Your Concerns: Keep detailed records of any signs or symptoms you observe in your child, as well as any communications with healthcare providers.
  • Gather Medical Records: Request copies of your and your child’s medical records related to the pregnancy, labor, delivery, and postnatal care.
  • Consult with Us:  Call us – We are experienced birth injury lawyers who can discuss your legal rights and options.

Most birth injury cases are resolved through settlement negotiations, but some may proceed to trial if a fair settlement cannot be reached.

  • Settlement: A settlement is an agreement reached between the parties involved in the lawsuit, typically involving the defendant(s) and their insurance companies. It usually involves a payment of money to the plaintiff (the injured party) in exchange for releasing the defendant(s) from further liability.
  • Trial: A trial is a formal legal proceeding where a judge or jury hears evidence and arguments from both sides and decides whether the defendant(s) are liable for the plaintiff’s injuries. If the defendant(s) are found liable, the judge or jury will also determine the amount of damages to be awarded.

The statute of limitations is the legal deadline for filing a lawsuit. In birth injury cases, it’s crucial to act promptly, as these deadlines can be short.

  • Varies by State: The statute of limitations varies from state to state. In some states, you may have as little as one year from the date of the injury to file a lawsuit.
  • Exceptions: There may be exceptions to the statute of limitations, such as in cases of delayed discovery of the injury or if the injured party is a minor.
  • Consult with Us:  It’s essential to consult with us as soon as possible to determine the statute of limitations in your state and ensure that your claim i filed within the required timeframe.

Determining liability in a birth injury case can be complex, as multiple parties may be involved in the labor and delivery process. Potential liable parties can include:

  • Obstetricians and Gynecologists (OB/GYNs): The doctors responsible for prenatal care, labor management, and delivery.
  • Nurses: Nurses involved in monitoring the mother and baby during labor and delivery.
  • Midwives: If a midwife assisted with the delivery.
  • Hospitals: The hospital where the delivery took place can be held liable for the negligence of its employees, such as nurses and other staff.
  • Anesthesiologists: If anesthesia was administered during labor or delivery.
  • Neonatologists: Doctors specializing in the care of newborns, if they were involved in the baby’s care after birth.
  • Other Healthcare Providers: Any other healthcare professionals who played a role in the labor and delivery process.

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