What Questions Should You Ask a Birth Injury Malpractice Lawyer Before Hiring Them?
Category: Miscellaneous | Published: November 5, 2025
When a child suffers a birth injury, it can be one of the most emotional and challenging experiences a family will ever face. Beyond the medical and emotional toll, parents often face uncertainty about what went wrong — and whether the injury could have been prevented. In many cases, seeking justice means hiring a birth injury malpractice lawyer to help uncover the truth and hold negligent medical professionals accountable.
However, choosing the right lawyer is not a decision to take lightly. Birth injury cases are highly complex, involving detailed medical evidence, expert testimony, and strict legal deadlines. Asking the right questions before hiring a lawyer can help you find someone with the right experience, empathy, and resources to handle your case effectively.
Here are the most important questions every parent should ask before making their decision.
1. What Experience Do You Have with Birth Injury Malpractice Cases?
Experience matters in every legal field, but it’s especially crucial in medical malpractice law. Birth injury cases involve intricate medical records, hospital protocols, and expert analysis that general personal injury lawyers may not be familiar with.
When interviewing a potential birth injury malpractice lawyer, ask about:
- The number of birth injury cases they’ve handled.
- The types of injuries they’ve represented (e.g., cerebral palsy, Erb’s palsy, oxygen deprivation).
- Their success rate in settlements and trials.
A lawyer with specific experience in this area will understand the medical nuances, know how to gather strong evidence, and be better prepared to challenge hospitals and insurance companies.
2. How Do You Determine If I Have a Valid Case?
Not every birth injury automatically qualifies as malpractice. Sometimes, complications arise despite doctors providing proper care. A trustworthy birth injury malpractice lawyer will carefully evaluate your case before filing a claim.
Ask how they determine whether negligence occurred. They should explain how they review medical records, consult with medical experts, and identify deviations from the standard of care. A strong lawyer will be honest about the strengths and weaknesses of your case — and won’t promise unrealistic results just to win your trust.
3. Who Will Actually Handle My Case?
At some large law firms, the lawyer you meet during your consultation may not be the one managing your case day-to-day. Instead, it might be passed to a junior associate or paralegal.
It’s important to ask:
- Who will be your main point of contact?
- Will the lead attorney personally attend hearings or settlement negotiations?
- How often will you receive updates about your case?
Choosing a birth injury malpractice lawyer who is directly involved and communicates clearly can make a significant difference in your experience and confidence throughout the process.
4. How Do You Charge for Your Services?
Legal fees can be intimidating for families already burdened with medical costs. Fortunately, most birth injury malpractice lawyers work on a contingency fee basis — meaning you don’t pay anything upfront, and the lawyer only gets paid if they win your case.
Ask these key questions about fees:
- What percentage of the settlement or judgment will you take as a fee?
- Are there any additional costs, such as court filing fees or expert witness fees?
- What happens if we lose the case — will I owe anything?
A reputable lawyer will explain their fee structure transparently and provide a written agreement outlining all potential costs.
5. How Long Will My Case Take?
Birth injury cases can be lengthy, sometimes taking months or even years to resolve. While no lawyer can give an exact timeline, an experienced birth injury malpractice lawyer can offer a general estimate based on similar cases they’ve handled.
Ask about each phase of the process — investigation, filing, negotiation, and potential trial. This will help you set realistic expectations and plan for your family’s needs during the case. A good lawyer will also keep you informed about delays and progress throughout the process.
6. Have You Taken Cases to Trial?
Many malpractice cases are settled out of court, but sometimes negotiations fail and a trial becomes necessary. Not every lawyer is equally skilled in the courtroom.
Ask your birth injury malpractice lawyer whether they have trial experience — and how often they’ve taken cases before a judge or jury. Trial-tested lawyers are typically more confident negotiators because opposing parties know they’re willing and prepared to go to court if needed.
A lawyer with strong trial experience can also better advise you on whether to settle or proceed with litigation based on the strength of your case.
7. What Kind of Results Have You Achieved for Other Families?
It’s perfectly reasonable to ask about a lawyer’s track record. While confidentiality laws may limit what they can share, most attorneys can provide examples of past outcomes, such as settlements or verdicts in similar cases.
This helps you gauge their ability to secure meaningful compensation for medical expenses, therapy, and long-term care. An experienced birth injury malpractice lawyer should also be able to explain how they calculate damages to ensure your child’s future needs are fully covered.
8. How Do You Work with Medical Experts?
Expert testimony is often the foundation of a successful malpractice claim. Your lawyer should have access to a strong network of medical professionals who can review records, identify errors, and testify about how the standard of care was breached.
Ask your birth injury malpractice lawyer how they select and collaborate with these experts. Their approach to medical review can directly impact the credibility and strength of your case.
9. How Will You Communicate with Me Throughout the Case?
Consistent communication builds trust and reduces anxiety during what can be a stressful process. Ask how often your lawyer will provide updates and through what channels (phone calls, emails, or meetings).
A compassionate birth injury malpractice lawyer will not only keep you informed but also make sure your questions are answered promptly and clearly.
10. What Is My Role in the Legal Process?
Finally, ask what will be expected of you as the client. Will you need to attend court hearings, provide documents, or meet with experts? Understanding your role helps you stay prepared and engaged in your case.
A good lawyer will handle the legal complexities but also guide you through each step so you always know what’s happening and why.
Conclusion
Hiring the right birth injury malpractice lawyer can make all the difference in achieving justice and securing your child’s future. By asking clear, informed questions about experience, communication, fees, and case strategy, you can find a legal partner who combines professionalism with compassion.
The right lawyer will not only fight for your family’s rights but also provide peace of mind — ensuring you’re supported every step of the way on the path toward accountability and healing.