This Is The Ultimate Guide To Birth Injury Law
Birth Injury Lawyers
Parents who believe that their child has suffered birth injuries because of medical malpractice could be entitled to compensation. The process of filing a claim can be complicated and is subject to deadlines that include the statute or limitations.
A family lawyer can help review medical records, obtain experts' opinions and develop an evidence-based case. They can also contact insurance companies and negotiate an equitable settlement.
Preventable birth injury attorneys Injuries
Unfortunately, many birth injuries could have been avoided. Certain injuries, whether caused through medical negligence or due to a natural problem do not heal and can lead to life-long complications. Some injuries will also require costly treatments that are not covered by insurance. The first emotions that parents experience are typically anger and frustration. They might also feel sadness and shock. They might also be wondering what occurred and if it could have been avoided.
A birth injury may be caused by anything that happens prior to, during, or after delivery. Some are obvious, like an injury to the skull or a spinal cord injury. Others will be evident as the child ages. Insufficient motor development and cognitive delays are signs of brain injury due to a birth injury that could have been prevented.
Certain birth injuries can be prevented by regular OB/GYN appointments as well as careful monitoring of the pregnant mother. Parents should evaluate their risk factors and choose the best doctor suited to their needs. In addition, the doctor should listen to the mother and take her concerns into consideration during labor and delivery. The doctor should also be aware when a C-section is needed and be able perform one in a safe manner.
Medical Malpractice
A baby's birth injury can ruin the dreams of parents, who have been waiting for this day for years. Even a seemingly minor medical issue can result in years of costly treatment and a lifetime of lost opportunities for the child who has been injured.
The best birth injury attorneys will scrutinize medical records to determine whether negligence occurred during the birthing procedure. Then, they will work with medical experts to demonstrate that this negligence by the health care professional led to the child's injuries that could have been prevented.
Many lawyers will offer a free case review and offer services on a contingent fee basis, which means that they do not get paid unless they succeed in winning your case. Also the top law firms have access to large medical databases and a team of staff members, including nurse case managers and medical experts who can help make your case stronger.
The best time to hire a birth injury lawyer is as soon as you are able. If you are waiting until your child turns an adult to start a lawsuit and you'll have less time to create an effective claim and the medical evidence supporting your claim could be long past due. If you aren't quick enough you may miss the time limit for filing a medical malpractice claim in your state.
Medical Bills
The medical costs of a child suffering from a brain or cord injury can be staggering. A successful legal claim may help reduce some of these expenses. A settlement or a jury award could cover your child's current and future medical expenses, the loss of wages due to staying at home to take care of the baby who is injured, and emotional distress.
When choosing an attorney, it is crucial to determine how many cases they deal with at any given time and their rate of success with these kinds of claims. It is also important to consider the years of experience they have in malpractice law, as that can affect how well they perform in court or when negotiating with corporate insurance companies.
Asking which medical experts are going to be working on your case, and what they think about the possible causes of the injury to the child is a good idea. Medical experts can provide an important viewpoint and often can make the difference in successfully winning a medical malpractice case.
Additionally, parents should be sure to ask what a lawyer usually charges for their services. Similar to most personal injury lawyers attorneys, a birth injury lawyer should be charged on a contingency basis. This means that they will only be paid if they receive a financial award on behalf of the client.