Birth Injury
For over 20 years Josh Tolin has handled birth injury cases as his sub-specialty. His expertise lies in reading fetal heart monitor strips, understanding various issues related to infection, and placental pathology. These cases are complex and costly to pursue, requiring a team of experts to prepare for trial.
The most common cases of birth injury are:
Cerebral palsy
Erb’s palsy
Brachial plexus injuries
Meningitis
Wrongful death
Any case involving a child has two statutes of limitations:
The parents have a two-year statute: A cause of action for loss of services and for the child’s medical bills up to the age of maturity.
The child has a two-year statute from the date of their 18th birthday: A cause of action for pain and suffering, loss of earnings potential and future and past medical bills for treatment.
Josh Tolin specializes in handling birth trauma and birth injury cases, including Erb's palsy injuries. He has authored a chapter in an Obstetrics textbook and served on the executive committee for birth trauma cases with the AAJ (American Attorneys for Justice).
After settling or obtaining a verdict in a case involving a child, the court must approve the settlement, attorney fees, expenses, and distribution. If all the money goes to the minor, it is placed into a trust or a restricted account that cannot be accessed by the parents without court approval, depending on the proceeds' size.
What Do I Need to Move Forward with a Birth Injury Case?
Investigating birth trauma cases is costly and time-consuming, involving reviewing prenatal records, birth records, fetal heart strips, non-stress testing, delivery records, and neonatal records. It may also require consultations with placental pathologists and neuroradiologists to review MRIs and ultrasounds of the child's head.
Time is of the essence in these matters, so it is advisable to reach out for assistance as soon as possible to protect your child's future. Take notes on these key proofs to build your case:
A thorough medical records to confirm you were treated by the responsible doctor or nurse.
The action of the healthcare provider responsible for your prenatal care or childbirth that failed to meet the required standards in preventing or addressing certain conditions such as hypertension, fetal distress, or other serious medical circumstances.
Medical records which detail the injuries sustained by your child during the birthing process.
Talk to Josh
With years of successful outcomes in similar situations, Josh offers expert guidance every step of the way. Trust Josh Tolin to advocate for your rights and secure the compensation you deserve. All you need to do is talk to Josh and start focus on your recovery.