Five Killer Quora Answers On Birth Injury Law
Birth Injury Lawyers
Parents who believe that their child has suffered a birth injury caused by medical malpractice could be entitled to compensation. Making a claim can be difficult and comes with deadlines, such as the statute of limitations.
A family lawyer can help review medical records, get expert opinions and create an evidence-based case. They can also communicate with insurance companies and negotiate a fair settlement.
Preventable Birth Injuries
Sadly, a lot of birth injuries that happen could have been avoided. Whether due to medical negligence or a natural complication, certain injuries won't heal on their own and can result in long-term problems for the child. Some will also require costly treatments that are not covered by insurance. If an injury occurs, the first emotions that parents experience are typically sadness, anger, frustration and shock. They might also be wondering what happened and if the injury could have been prevented.
Birth injuries can be caused by any event that occurs before, during or after the birth. Some are obvious, like a skull fracture or spinal cord injury. Certain issues will become apparent as the child grows older. The lack of cognitive development and motor skills are symptoms of brain injury due to a birth injury that could have been avoided.
Certain birth injuries can be prevented by regular OB/GYN appointments as well as careful monitoring of the mother's pregnancy. Parents should evaluate their risk factors and choose the doctor who is best for their needs. The doctor must also listen to the mother's concerns and take them into consideration during labor. The doctor must be competent and willing to perform C sections in a C section 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 could cause years of costly medical treatment, and a lifetime of lost potential for the child who was injured.
The top birth injury attorneys injury lawyers will examine medical records and other evidence to determine if there was any carelessness during the birthing process. They will then consult with medical experts in order to show that the breach of duty on behalf of the health professional led to the child's injuries.
Many attorneys provide a free assessment of your case. They also work on a contingent fee basis. This means that they are not paid until they have won your case. The top national law firms also have access to huge databases of medical records and the team includes nurse case managers and medical experts, as well as other staff members who can strengthen your claim.
The best time to hire an attorney for birth injuries is as soon as possible. If you wait until the child is an adult before bringing a suit there will be less time to create an effective case and any medical documentation supporting your claim could already have expired. Additionally, if you do not act swiftly, you could miss the time limit for filing a medical malpractice claim in your state.
Medical Bills
The medical expenses for babies suffering from brain injury, spinal cord injury, or any other birth injuries that could be prevented are overwhelming. A successful legal claim could lower some of these costs. A settlement or a jury award could cover your child's present and future medical costs, lost wages resulting from having to stay at home with the injured baby, as well as emotional distress.
When selecting an attorney it is crucial to determine how many cases they deal with at the same time, and their rate of success with these kinds of claims. It is also important to look at the years of experience they have in malpractice law, as that can affect how well they do in court, or when negotiating with insurance companies.
It is an excellent idea to inquire about which medical experts are involved in your case and what their view is on the likely causes of the child's injury. Medical experts offer a valuable perspective and can often be the difference maker in winning an action for medical malpractice.
Parents should also be sure to ask how much a lawyer normally charges for their services. Similar to most personal injury lawyers an attorney for birth injuries should be charged on a contingency basis. That means they only receive an amount if they are successful in winning a financial award for the client.