What Does the Emotional and Legal Journey of a Birth Injury Lawsuit Truly Involve?
Why is a birth injury lawsuit going to be a long and difficult fight?
What does it really mean to testify against your doctors and nurses?
How will the hospital’s lawyers try to fight your birth injury case?
Why is having a doctor-lawyer essential during this challenging process?
Finding out your beautiful new baby suffered a preventable injury during birth is a pain no parent should ever have to feel. Your world shrinks down to one thing: getting your child the care they need. But as the medical bills pile up and you start to understand the long road ahead, another thought creeps in: This wasn’t supposed to happen. Someone needs to be held accountable.
Deciding to file a birth injury lawsuit is a huge step. It’s a step toward securing your child’s future. But we need to be honest with you about what that step means.
Here at LawMD, our lawyers are also doctors. We’ve dedicated our lives to both medicine and justice. Because of our unique background, we believe in giving you the full picture, not just the easy parts. One of our doctor-lawyers said it best: “Being a plaintiff in a case, it’s a lot harder than you think it is.”
Let’s talk about what that journey really looks like and why having a doctor on your side of the courtroom can make all the difference.
Why is a birth injury lawsuit going to be a long and difficult fight?
The first thing you need to know is that this will be a marathon, not a sprint. The doctors, the hospital, and their insurance companies have powerful legal teams. As our lawyer said, “They are not gonna roll over.” They are going to fight you every single step of the way.
Why? Because a single birth injury case can involve lifelong medical care, costing millions of dollars. They will spend a fortune on defense lawyers to avoid paying for the harm that was caused.
This fight takes time. The legal process is slow and methodical. It involves phases like:
- Discovery: This is where both sides gather evidence. We will request every medical record, every hospital policy, and every note related to your child’s birth. They will request extensive records from you as well.
- Depositions: This is where you, the doctors, the nurses, and expert witnesses will be questioned under oath by the opposing lawyers.
- Motions: The defense will file all sorts of legal motions to try to get your case dismissed before it ever sees a courtroom.
How long does this take? While every case is different, data from the U.S. Department of Justice shows that medical malpractice cases that go all the way to trial can take over two years to resolve. It requires a level of patience that is incredibly difficult to maintain when your family is already under so much stress. We get it, and we prepare you for it.
What does it really mean to testify against your doctors and nurses?
This is often the hardest part for parents. You trusted these medical professionals with the most precious moment of your life. Now, you will have to sit in a room and testify about how that trust was broken.
Our doctor-lawyer was clear: “It’s gonna require you to testify more than likely, and it will be testifying against the nurses and doctors that birthed your baby.”
During a deposition, their lawyers will question you for hours. They may try to twist your words, confuse you, or even suggest that you were somehow at fault. It is an emotionally draining and intimidating experience.
This is why preparation is key. We will spend hours with you, going over every detail of your story so you are ready for their questions. We will be right by your side, protecting you from improper questions and providing the support you need. Telling your story is a crucial step toward justice, and we make sure you are prepared to tell it with confidence.
How will the hospital’s lawyers try to fight your birth injury case?
The defense team has a playbook of tactics they use to deny responsibility. It’s important you know what’s coming. They will likely argue:
- The injury was unpreventable. They will claim it was a “known complication” or a tragic, but unavoidable, event.
- The child had a pre-existing condition. They might try to blame a genetic issue or something that happened during the pregnancy, rather than their care during delivery.
- The medical team did everything right. They will hire their own “experts” to testify that the care you received met the “standard of care,” even when the evidence shows otherwise.
A particularly painful statistic that few people talk about comes from a study in the journal Obstetrics & Gynecology. It found that in cases of birth injuries involving shoulder dystocia, one of the most common defense arguments is to blame the mother’s “pushing efforts.” It’s a classic case of blame-shifting, and it’s incredibly cruel.
This is where having a doctor-lawyer from LawMD is your greatest weapon. We are “the right medicine for justice.” Because we understand the medicine, we can dismantle these defense tactics one by one, using science and evidence that they can’t argue with.
Why is having a doctor-lawyer essential during this challenging process?
Facing this long, emotional, and complex battle alone is impossible. You need a team that understands not just the law, but the medicine behind your child’s injury.
Our catchphrase is “Our Lawyers are Doctors too,” and it’s more than just a slogan. It’s your advantage.
When you work with LawMD, you get:
- Medical Insiders on Your Team: We can look at a fetal heart monitor strip or a page of doctor’s notes and see the negligence that another lawyer would miss. We know the right questions to ask and the right records to demand.
- Unmatched Credibility: When we confront the defense lawyers, they know they can’t fool us with complex medical arguments. This often forces them to offer a fair settlement much earlier.
- The Best Experts: We know who the most respected medical experts are across the country, and we know how to prepare them to explain complex medical facts to a jury in a simple, powerful way.
- True Empathy and Support: We have been in the delivery room. We understand what you went through. We can provide a level of support and understanding that a traditional law firm simply cannot.
The road ahead is tough. It will require you to be patient, to be humble, and to keep fighting. But your child’s future is worth fighting for. You don’t have to be a legal expert or a medical expert to win this fight. You just need a team that is both.
If your child suffered an injury at birth, please contact us for a free, confidential consultation. Let our doctors and lawyers fight for your family.
Frequently Asked Questions
1. Why does a birth injury lawsuit take so long to resolve?
These cases are incredibly complex, both medically and legally. The “discovery” phase alone, where both sides gather evidence and interview witnesses under oath (depositions), can take more than a year. The hospital’s lawyers will also file numerous motions to delay the case, hoping you will give up.
2. Will the hospital try to blame me or my partner for our child’s injury?
Unfortunately, this is a common tactic. Defense lawyers may try to argue that something during the pregnancy or even the mother’s actions during labor contributed to the injury. It’s a baseless and hurtful strategy that our doctor-lawyers are fully prepared to shut down with medical facts.
3. I’m worried about the cost of a long legal battle. How can I afford it?
You don’t have to worry about the cost. At LawMD, we handle all birth injury cases on a contingency fee basis. This means we pay for all the costs of the lawsuit—including filing fees and hiring the best medical experts. You owe us nothing unless we win your case.
4. What is the single most important thing I can do to help my own case?
Keep detailed notes. Write down everything you remember about the pregnancy, labor, and delivery. Document every doctor’s visit, every symptom your child has, and every conversation you have with medical providers after the birth. This journal can be invaluable evidence later on.
5. How do I know if I even have a case?
The only way to know for sure is to speak with an experienced team that understands both law and medicine. Because our lawyers are also doctors, we can quickly evaluate the medical records to determine if the “standard of care” was violated. The consultation is always free, so you have nothing to lose by getting answers.
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