Ask a Birth Injury Lawyer: How Long Does a Birth Injury Case Take?

If you and your family recently experienced a birth injury caused by medical malpractice, you should consider filing a legal claim to get compensation. This is what you should expect from your case when you work with a birth injury Attorney in Baltimore.


If your baby suffered an injury during birth because of your doctor’s negligence or incompetence, you deserve to be fairly compensated for this. You may be looking to get a settlement as quickly as possible to help with things like medical care.

Unfortunately, there’s no way to say with certainty how long your case is going to take. The reality is that because these cases can be especially complicated, many of them take months or even years to resolve. However, the compensation that you get for what you and your baby have been through can make this length of time worth it.

What Exactly Is Medical Malpractice?

It’s normal for newborn babies to have some minor injuries when they are born. However, if your child’s injuries were caused by the actions or incompetence of your doctor, you might have a medical malpractice case on your hands.

Some examples of medical malpractice include improper use of forceps or other birth tools that caused injuries. If your doctor failed to give you a c-section and this resulted in problems like oxygen deprivation, then this could be another example of medical malpractice.

What Are the Signs of Birth Injuries?

If you believe that you and your baby were victims of medical malpractice, it’s important to be on the lookout for any signs. Make sure you record them along with all the details of your birth so you can provide evidence.

There are several indicators that your child may have a birth injury. Sometimes these signs are obvious, but you should also be on the lookout for problems like:

  •        Issues with feeding
  •        Stiff or floppy muscles
  •        Arching of the body or the neck
  •        Blindness or deafness
  •        Excessive sleepiness
  •        Not meeting developmental milestones like crawling or talking

How Can a Lawyer Help?

Lawyers Know the Law

The legal system can be complicated, and when you’re facing something like medical malpractice, which are notoriously difficult, things can get even messier. This is why you need to make sure you have a birth injury lawyer in Baltimore on your side.

Lawyers spend many years training to practice the law, and your lawyer may have even worked on cases similar to yours. They’ll know what strategies to implement to get you fair compensation, and they can offer you the guidance and support you and your family need during this time.

They Know What Evidence You Need

As the plaintiff in your case, the burden of proof falls upon you. This means it’s your job to gather the evidence you need to prove that your baby was injured and that the injury was caused by the actions or negligence of your doctor.

Your lawyer will know what evidence you should gather, and they’ll help you obtain it and keep it organized to present to the court. Some examples of the evidence you may be able to gather include medical bills, doctor’s notes, and photos or videos of your baby’s injury.

They Can Hire Expert Witnesses

Witness testimony can do a lot to support a legal case. When it comes to a medical malpractice case, your lawyer may hire an expert witness to help prove to the court that something went wrong with your child’s birth.

Expert witnesses are professionals in their respective fields who can be hired to provide testimony for cases like yours. In this instance, the expert witness you hire would help to explain what went wrong during your child’s birth and explain how a more competent doctor with similar training would have done something different.

They’ll Get You a Fair Settlement

Dealing with a birth injury can be stressful—not to mention expensive. You may have to deal with additional doctor’s visits and more medical care to manage your baby’s injury. The compensation that you get from your legal case can help cover these expenses.

Your lawyer will know what a fair settlement for your case should look like and they’ll know what strategies to use to negotiate for the compensation you deserve. If you end up needing to take your case to court, your lawyer will represent you and ensure that your rights are respected.

Dealing with a birth injury is a deeply traumatic experience. We expect our doctors to take care of us and our families, and when they fail to do this, it can cause more than just physical harm. Your lawyer will do everything they can to ensure that you and your family get the justice you deserve.

Jared Freen

Jared is a dynamic and driven journalist with a passion for uncovering the truth and sharing untold stories. With over a decade of experience reporting from the front lines of some of the world's most volatile regions, Jared has a reputation for fearlessly pursuing the facts, no matter how challenging or dangerous the situation.