- Birth injury isn’t synonymous with malpractice.
- Some neurological conditions have multiple possible causes.
- Timing of injury can be critical.
- Prenatal events can matter.
- Labor monitoring records are important.
- Fetal-monitor interpretation can be disputed.
- Delivery-room records matter.
- Neonatal records matter.
- Maternal medical history can matter.
- Expert testimony is often central.
- Life-care planning can be substantial.
- Future educational needs can matter.
- Future earning capacity may matter.
- Assistive technology costs can matter.
- Home modifications may matter.
- Caregiver needs may matter.
- Statutes of limitation can be unusual for minors.
- Government programs can affect damages.
- Hospital liability may differ from physician liability.
- Nurses may have separate roles.
- Midwives may have separate legal considerations.
- Ask about actual birth-injury litigation experience.
- Beware emotionally powerful advertising that promises specific outcomes.
- Preserve every medical record.
- Biggest mistake: assuming a diagnosis alone establishes negligence.
☐ Verify licensing.
☐ Confirm birth-injury experience.
☐ Ask about medical experts.
☐ Ask about medical-record review.
☐ Ask how causation will be established.
☐ Ask about applicable deadlines.
☐ Ask who evaluates long-term care requirements.
☐ Ask about life-care planning.
☐ Ask about future medical expenses.
☐ Ask about lost earning capacity.
☐ Understand contingency fee.
☐ Understand litigation expenses.
☐ Understand expert fees.
☐ Ask about settlement structures.
☐ Ask how settlement decisions are made.
☐ Ask who represents the child’s interests where applicable.
☐ Obtain representation agreement.
☐ Review expenses.
☐ Review termination provisions.
☐ Ask who handles the case.
☐ Establish communication expectations.
☐ Preserve complete medical records.
☐ Obtain relevant hospital records.
☐ Obtain copies of important filings.
☐ Obtain independent advice if necessary.