9 Signs That You re A Birth Injury Law Expert
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Parents who believe that their child has suffered a birth injury due to medical malpractice may be entitled to compensation. Making a claim can be difficult and has deadlines like the statute or limitations.
A family lawyer can examine medical records, seek experts' opinions and develop an evidence-based case. They can also reach out to insurance companies and negotiate an equitable settlement.
Birth Injury Prevention
Sadly, a lot of birth injuries that occur could have been avoided. Certain injuries, whether caused by negligence in the medical field or due to a natural problem are not able to heal themselves and may result in life-long complications. Some injuries may require costly treatment which are not covered by insurance. The first feelings a parent experiences are usually anger and frustration. They might also feel sadness and shock. They might also be wondering what was the cause and whether this could have been prevented.
Birth injuries can be caused by any incident that occurs before, during or during the birth. Some birth injuries are obvious such as a skull injury or spinal cord damage. Others will be evident as the child ages. Insufficient cognitive development and motor growth are indications of brain damage due to a birth injury that could have been prevented.
Certain birth injuries can be prevented through regular OB/GYN visits and the careful monitoring of the mother's pregnancy. Parents must evaluate their risk factors and select the doctor most appropriate for their requirements. In addition, the doctor should listen to the mother's views and take them into consideration during labor and birth. The doctor should also be aware when a C-section is required and be able in performing one safely.
Medical Malpractice
A baby's injuries at birth could ruin the hopes of parents who have been waiting for this day for many years. Even a minor medical error can lead to costly treatment for a long time and a lifetime lost potential for the child.
The best birth injury lawyers will review medical records and other evidence to determine if there was any negligence during the birthing process. Then, they will collaborate with medical experts to prove that the breach of duty by a medical professional caused the child's injuries that could have been prevented.
Many attorneys provide a free evaluation of your case. These attorneys operate on a contingent fee basis. This means they are not paid until they succeed in winning your case. The top law firms in the country also have access to huge databases of medical information and a team that includes nurse case managers, medical experts and other staff members that can assist in proving your case.
It is best to engage a lawyer as early as you possibly can. If you wait until the child is an adult before filing a lawsuit it will take less time to construct a convincing case and any medical documentation that support your claim could have expired. If you aren't quick enough, you could miss the time limit for filing a medical malpractice lawsuit in your state.
Medical Bills
The medical bills of babies with brain injury, spinal cord injury or other birth injuries that could be prevented are shocking. A successful legal case could lower some of these costs. A settlement or jury award might cover your child's medical bills, including future ones, as well as lost income due to having remain at home to take care of a baby who is injured. It may also cover emotional distress.
When choosing which attorney to hire for your case, you should inquire about the number of cases they handle at the same time and what their success rate is for those types of cases. It is also important to examine their years of legal experience, since it can impact the way they present themselves in court and when negotiating with corporate insurance companies.
It is an excellent idea to inquire about the medical experts who will be working on your case and what their opinion on the possible causes of the child's injuries. Medical experts can provide a unique perspective and often be the difference maker when it comes to winning an action for medical malpractice.
Parents should also inquire as to what an attorney's average price for their services. A birth injury lawyer will charge on a contingency fee basis, much like the majority of personal injury attorneys. This means that they only get payment if they get a financial award for their client.