Birth Injury

Increasingly, lawyers are called upon by parents of seriously disabled infants or children to determine whether such injuries occurred at or around the time of birth and were avoidable. Any lawyer, who casually begins such an undertaking, seriously underestimates the enormity of the challenge posed by such cases. Perinatal brain or other vital organ dysfunction cases can arise out of mismanagement of the pre-birth course, the post-natal course or a combination of both.

The evaluation of the new birth injury case inquiry should entail making an assessment of the probable strength of the available evidence having a bearing on liability, causation and damage issues.

Any attorney contemplating a birth-injury case must anticipate the defenses, both legitimate and illegitimate, that can be raised in such claims. Indeed, an intelligent decision to undertake a birth-injury claim cannot be made without an examination of all the various factors that make it more or less likely that the claim will succeed. These factors can be clinical, scientific and theatrical, all playing an important role in the prosecution and defense of birth-injury claims.