The following is a list of questions frequently asked about birth injuries, cerebral palsy, and taking legal action. If your question in not answered or if you would like more information, call us. We’re here to answer your questions.
1. What are the causes of a birth injury?
Some births are complicated and injuries are not always due to medical negligence. The key is to determine whether the medical professionals provided appropriate medical care to you and your baby during delivery.
2. What is the difference between a birth injury and a birth defect?
Birth injuries are generally caused by something that went wrong during the delivery of the child. Birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.
3. I think my child has a birth injury. What should I do?
Contact us by calling or by filling out the form to the right. We may be able to help determine if the injury was a result of negligence.
4. How long after I learn that my child has a birth injury can I take legal action?
Birth injuries have time limitations, meaning that after a certain amount of time you can no longer file a birth injury lawsuit, whether someone was responsible for the birth injury or not. This time period varies drastically on a state-by-state basis. Learn more about the statute of limitations in your state.
5. Who will I be talking to when I call Sokolove Law?
Available seven days a week, our nurse case managers are a dedicated team of registered nurses, whose education, clinical backgrounds, and experience allow them to serve as knowledgeable resources with whom you can discuss your potential birth injury claim.
6. The legal process feels overwhelming and I’m not sure I have the time and support to take on a lawsuit.
You are your child’s best advocate. The implications of a birth injury on you, your child and your family can be overwhelming with long term impacts. You may be entitled to assistance. Remember, you are not locked into a lawsuit by contacting us and our consultation is at no cost to you.
Listen to Kathy McGinn talk about the importance of taking action.
7. If I do proceed, who will I be bringing a lawsuit against?
Birth Injury lawsuits are generally brought against the healthcare provider(s) whose substandard care may have led to your child’s birth injury. This can be a an individual healthcare provider such as a doctor or nurse or a company (such as hospitals or drug companies) who gave substandard care to the mother or child at any time prenatally, during the labor and delivery, and/or after delivery while the child was in the nursery. Will my physician get in trouble?
It’s understandable to be concerned about getting your physician or healthcare provider in trouble by taking the next step and contacting us. We take each and every inquiry that we receive very seriously. Significant research and evaluation goes into each case before a decision is made to file a lawsuit in court. The initial steps are focused on information gathering, reviewing and getting expert opinion on the case.
8. How often will I have to meet with my birth injury lawyer? Will my child need to go to any meetings?
Your involvement in the legal process will depend upon your case. At a minimum, you can expect to meet with co-counsel three or four times throughout the process. The first time when you agree to sign a HIPAA form, again to file a birth injury lawsuit, a third time if you need to go in for a deposition, and finally during the entire trial. If your Cerebral Palsy lawsuit proceeds to trial, then you will be expected to be present for every day of the trial.
If you believe your child has a birth injury that may have been caused by negligent medical care, one of our Cerebral Palsy lawyers may be able to help. We have over 30 years of experience representing families like yours in Cerebral Palsy cases resulting from substandard care. Our team of skilled Legal Nurse will listen to your concerns and help get your questions answered.