14 Common Misconceptions Concerning Birth Injury Law
Birth Injury Lawyers
Parents who believe their child was injured at birth due to medical negligence may be entitled to compensation. However, filing an claim is fraught with details and deadlines like the statute of limitations.
A family lawyer can help review medical records, get expert opinions and construct an evidence-based case. They can also manage communications with insurance companies and negotiate an equitable settlement.
Preventable Birth Injuries
Sadly, many birth injuries that happen could have been avoided. Certain injuries, whether caused through medical negligence or a natural issue, won't heal on their own and may cause life-long complications. Some injuries will also require expensive treatments that are not covered by insurance. When the injury occurs, the first emotions a parent feels are usually sadness, anger, frustration and shock. They may also be thinking about how this happened and if it could have been avoided.
A birth injury can be caused by anything that happens before, during, or during the birth. Some are obvious, like a skull fracture or a spinal cord injury. Others will be apparent as the child gets older. Insufficient cognitive development and motor development are symptoms of brain injury caused by a birth injury law firm injury which could have been prevented.
Some birth injuries can be avoided by monitoring the mother during pregnancy and by regular OB-GYN appointments. Parents should assess their risk factors and select a doctor who is most suitable for 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 know the time when a C section is required and be able to carry out one safely.
Medical Malpractice
If a baby is injured or suffers an injury during birth injury law firm it can shatter the dreams of parents who have been looking forward to this day for decades. Even a minor medical mistake can result in years of costly medical treatment, and a lifetime of lost potential for the injured child.
The best birth injury attorneys will scrutinize medical records to determine if negligence occurred during the birthing process. They will then collaborate with medical experts to demonstrate that the breach of duty by a health care professional resulted in your child's injury that could have been avoided.
Many lawyers will provide an initial free case assessment and they work on a contingency fee basis, which means they do not get paid unless they win your case. Also the top law firms have access to huge medical databases and a group of staff members including nurse case managers and medical experts who can assist you to in proving your case.
The ideal time to engage a lawyer for birth injuries is as early as you can. If you delay until your child is an adult to start a lawsuit and you'll have less time to construct an impressive case and the medical records supporting your claim could be long past due. If you don't act quickly, you could miss the time limit for filing a medical malpractice lawsuit in your state.
Medical Bills
Medical costs for children with a brain or spinal cord injury can be shocking. A successful legal claim could lower the cost of these injuries. A settlement or jury award might be able to pay for your child's medical expenses including future ones as well as lost earnings due to having stay home and care for an injured baby. It may also cover emotional distress.
When deciding on which attorney to choose for your case, you should inquire about how many cases they typically handle at a time and what their success rate is for those types of cases. It is also important to take into account their years of malpractice legal experience, since it can impact how they perform in court and when negotiating with corporate insurance companies.
It is important to know which medical experts will 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 provide a crucial perspective and can often make a difference in winning an action for medical malpractice.
Parents should also ask what the average cost of a lawyer for their services. Similar to most personal injury lawyers, a birth injury attorney should charge on a contingency fee basis. This means that they only get paid if they win an award for financial damages on behalf of the client.