Birth Injury Legal Frequently Asked Questions
Answers from California Birth Injury Lawyers
Was my newborn's injury caused by medical malpractice?
This is where a California birth injury attorney can be of great service to you and your baby. Medical malpractice laws are specific as to what must be proven in a court of law, and to date, our clients have collected well over $750 million for our personal injury and medical malpractice actions on their behalf.
They key to any personal injury case is to investigate and thoroughly document what occurred and who was responsible. Medical charts, witness statements, fetal monitoring tapes, lab results, records of doctor visits and many other kinds of evidence will need to be quickly gathered and analyzed. If we have sufficient evidence to show that your baby’s injury was the result of negligence, we can move forward with a medical malpractice claim.
How can compensation help now and in the future?
Compensation is intended to financially resolve the medical bills you now face connected with the injury to your child both now and in the future. In California, the bulk of the compensation in birth injury cases comes from economic damages, rather than noneconomic damages like “pain and suffering” or “loss of enjoyment of life” due to caps on this type of recovery. Fighting for compensation is vital when it comes to ensuring your child has was he or she needs to live with their birth injury or defect.
What will it cost me to hire an attorney?
At Bostwick & Peterson LLP, we work on a contingency basis. Essentially this means that we get paid contingent on producing a favorable outcome in your case – no fee unless we win. There is a twofold benefit to this approach. First, it holds us accountable to produce a favorable result for you. Second, it alleviates your financial burden and allows you to choose the best attorney, not just one you can afford.
Can’t I just handle this myself? Why do I need an attorney?
Many people ask us why hiring an attorney is necessary. Why it may seem reasonable to simply ask your healthcare provider to own up to what they did and write you a check to cover your expenses, this is not how it works. Healthcare providers and doctors are protected by large insurance companies. Asking for compensation from your healthcare provider after a birth injury then becomes a “little guy versus big corporation” battle. Hospitals are reluctant to own up to their mistakes, and even if they do, they typically try to protect their reputation by settling these claims quietly, often only offering a small award. Simply put, you need an attorney experienced in medical malpractice litigation to handle your case if you want the best financial award possible.
My child was born with an injury/defect that I believe was caused by negligence. What’s my next step?
We invite you to contact us as soon as you can. These cases are extremely time-sensitive, so it would be to your benefit to retain an attorney sooner rather than later. Call us today and tell us what happened. We will explain your legal rights and options. If we believe your claim has merit, then we will fight to pursue justice on your behalf so you can have the means to care for your child.
