Questions?
Welcoming a new baby should be a joyful experience, but when a birth injury occurs, families are often left with more questions than answers.
In this interview, Ricky LeBlanc, the managing attorney of Sokolove Law, shares what parents need to know if they suspect medical negligence played a role in their child’s condition.
From understanding your legal options to getting the financial support your family deserves, Ricky offers insights based on years of experience helping families navigate complex birth injury cases.
Here are 10 questions we asked Ricky and his answers below.
Q: What is considered a birth injury, and how do I know if my child has one?
A: A birth injury is any harm that happens to a baby before, during, or shortly after delivery. Some are mild and heal quickly, but others, like brain injuries or nerve damage, can cause lifelong challenges.
Often, parents start to notice signs when their baby misses developmental milestones, has trouble moving, or experiences seizures. If you suspect something’s not right, trust your instincts. Get medical help right away to make sure your child receives the care they need.
After that, consider reaching out to a birth injury lawyer. Some injuries are caused by medical malpractice, such as a doctor failing to act quickly during delivery or making a critical error.
An experienced attorney can review your situation and help you understand if your child’s injury could have been prevented and what legal options may be available to your family.
Q: How can I tell if my child’s birth injury was preventable?
A: That’s one of the biggest questions families have. Some birth injuries happen naturally, but others are caused by medical mistakes like failing to monitor the baby’s oxygen levels or not performing a C-section in time.
For example, a lack of oxygen during birth can cause cerebral palsy, a lifelong condition that affects movement, muscle tone, and coordination. In many cases, cerebral palsy could have been prevented with proper medical care.
The truth is, most parents aren’t given the full story after a traumatic birth. That’s where we come in. Our team works with on-staff labor and delivery nurses to review your prenatal and childbirth records. Together, they can determine if something went wrong and if it could have been avoided.
Q: What should I do if I think a mistake was made during childbirth?
A: Start by writing down what you remember — anything that seemed off during labor or delivery. Then reach out to a birth injury malpractice lawyer for help.
The sooner we can get involved, the better chance we have of gathering important medical evidence. You deserve answers, and we’ll help you get them.
Q: How long do I have to file a birth injury lawsuit?
A: It depends on where you live. Every state has its own legal deadlines called statutes of limitations, and they can vary widely.
In some cases, you may have just a couple of years to take legal action, though there are exceptions that could give you more time.
Still, these exceptions vary by state, and missing the deadline often means you lose the right to file — no matter how serious the injury. That’s why early legal review is key.
A birth injury lawyer can help you understand exactly how much time you have based on the facts of your case and act quickly to protect your right to seek compensation.
Q: Does it cost anything to talk to a birth injuries lawyer or start a case?
A: No, it doesn’t cost anything to speak with us. In fact, most birth injury attorneys work on a contingency fee basis, which means you don’t pay any upfront costs or hourly fees.
We only get paid if we’re able to secure compensation for your family through a settlement or verdict. If we don’t, you owe us nothing.
That way, there’s no financial risk in taking legal action. Our goal is to make legal help accessible to every family, regardless of their financial situation.
Q: What should I expect during a birth injury case?
A: We understand that families are already under tremendous stress after a birth injury, so we work to make the legal process as easy as possible. Once we determine that you may have a case, our team takes on the heavy lifting, so you can focus on your child’s care.
We start by gathering your child’s medical records, delivery notes, and any other important documents. Then, we consult with medical experts who can help us understand what went wrong and whether the standard of care was violated.
Throughout the process, we can answer your questions or explain what’s happening behind the scenes. Our goal is to be a source of support and guidance — not just your legal team, but your advocates.
In many cases, we’re able to reach a settlement out of court, providing financial support without the need for a trial. However, if a fair settlement can’t be reached, we’re fully prepared to take your case to court and fight for the justice your family deserves.
Q: Will filing a lawsuit affect my child’s care or my relationship with their doctors?
A: Filing a birth injury lawsuit is a separate legal process that doesn’t interfere with your child’s care. Our goal is to help your family get the answers, accountability, and financial support needed for the road ahead.
Your child’s well-being is always the top priority, and we work hard to make sure nothing jeopardizes that.
We handle the legal work in the background, with as little disruption to your daily life as possible. And if you ever have questions about how the process works or what it means for your family, we’re here to walk you through it every step of the way.
Q: What kind of compensation can my family get?
A: That depends on the specifics of your case, but compensation can help cover a wide range of needs, from past and future medical expenses to specialized equipment, therapy, lost income, and even pain and suffering.
Some families have received over $1 million from birth injury lawsuits, though it varies wildly based on the injury and how it may affect the child throughout their lifetime. With cerebral palsy cases, the average payout is around $2.5 million, for instance.
While this won’t be the case for everyone, this type of litigation can be life-changing. Although money can’t undo the harm, it can help cover long-term care and give families greater financial security.
Our goal is to fight for the maximum compensation available, so your child has every opportunity to thrive and your family doesn’t have to worry about how to pay for the care needed.
Q: Do I need proof that someone was at fault before contacting a birth injury attorney?
A: Not at all. You don’t need to have proof that a mistake was made. That’s our job. All you need to do is share your concerns and your story. If something didn’t feel right during labor or delivery, or if your child is now facing health challenges you weren’t prepared for, it’s always worth reaching out.
When you contact a lawyer for a birth injury, we’ll listen to what happened and begin gathering the information we need. From there, we’ll conduct a thorough investigation to determine whether a preventable mistake occurred.
Birth injury cases are complex, and most families don’t get a full explanation from the hospital after something goes wrong. That’s why legal help can be so important. We can uncover details that may not have been shared with you and help you understand whether your child’s injury could have been avoided.
You deserve answers, and we’re here to help you get them — with no pressure, no judgment, and no cost to reach out.
Q: How do I choose the right lawyer for my child’s birth injury case?
A: Look for a lawyer with experience in birth injury law and a strong track record of results. But just as important, choose a birth injury law firm that treats your family with compassion and respect.
This is more than just a legal case — it’s your child’s future. You want someone who’s going to fight for your family like it’s their own.
Get Help From a Top Birth Injuries Attorney
At the Birth Injury Justice Center, we understand how overwhelming and emotional this process can be. That’s why we’re committed to guiding you through every step with care, compassion, and a deep understanding of what your family is going through.
If your child was harmed at birth, you don’t have to walk the road ahead alone. Working with an experienced birth injury attorney like Ricky LeBlanc can make all the difference in pursuing compensation and getting the answers and support you deserve.
Our network of trusted birth injury attorneys helps families in all 50 states, and together, they’ve recovered over for children harmed by preventable medical mistakes.
Call (800) 914-1562 right now for a free, no-obligation case review. We’re here to listen, answer your questions, and help you explore your legal options — at no cost to you.
