Medical practice and midwife care have advanced significantly over the past years, reducing the risk of harm and injury to mother and baby at birth. However, there are unfortunate situations where you, your baby, or a family member can suffer harm during childbirth due to negligence by medical professionals. Even though no compensation can cover the emotional distress and physical injury, working with a South Dakota birth injury lawyer can help you secure the financial support you need to ease your burden.
A childbirth injury lawyer is an attorney who specializes in handling cases of birth injuries resulting from medical malpractice or negligence.
The main focus of a childbirth injury attorney is to prove that the negligent actions of a medical team caused a birth injury to the mother or newborn baby. Your lawyer gathers the necessary evidence to build a birth injury claim against the hospital, doctor, or healthcare professional responsible. Gathering evidence includes building the chronology of events that led to the injury and finding relevant documentation, experts, and eyewitnesses. The attorney then files a compensation claim with the appropriate law court.
Hire a South Dakota birth injury attorney immediately if you suspect that your child suffered a birth injury. Oftentimes, an injury affecting the brain or nervous system that causes developmental delay was likely caused at birth.
If you or your child suffered a discernible injury at birth or if your child misses a developmental milestone, get a medical diagnosis and then contact a birth trauma lawyer immediately. Some examples of birth injuries include:
To find the best birth injury lawyer in South Dakota, run a search on the Lawrina legal directory. The directory has profiles of licensed attorneys according to state, with other relevant information such as the area of specialization, location, and reviews.
When choosing a lawyer for birth injury in South Dakota, consider the following:
The cost will vary depending on the lawyer you choose. However, most attorneys will work with an agreed contingency fee, usually 33 - 40% of the settlement amount. A contingency fee means that the attorney only gets paid if they win your case. The fee may not be inclusive of the direct costs of the case, such as paying experts, investigators, court filing fees, and process servers. Always seek clarification on the scope of the contingency fee and have a written agreement with your attorney.
No. Not usually. Most attorneys do not charge for initial consultations, and it is essential to directly ask if the attorney will charge you before booking a consultation meeting.
An initial consultation is a chance to gauge the suitability of working together. Take all the relevant documents on the birth injury, including medical reports, for the attorney to review. The attorney will listen to your situation, peruse your documents, and determine the suitability of a claim. You also get a chance to assess the lawyer's style, degree of empathy, and whether you would be comfortable working with them.
While there may be several factors that cause birth injuries, engage a lawyer specializing in birth injury claims to determine if the cause is a result of medical malpractice. The attorney, working alongside medical experts, will review the facts of your case, including medical records and birthing tools, to determine whether your doctors meet a reasonable standard of care.
Childbirth medical negligence occurs when a medical professional provides a suboptimal standard of care that causes injury to the baby or mother. It may also be a failure to properly diagnose a condition in the unborn or newborn baby or mother, resulting in complications.
The statute of limitation for personal injury claims is three years from the injury date or when the injury becomes known. For the baby, the time limit begins to run from the date of birth.