14 Misconceptions Commonly Held About Birth Injury Law

Birth Injury Lawyers

Parents who believe their child has suffered birth injuries due to medical malpractice may be entitled to compensation. It is a complicated process to file a claim and has deadlines like the statute or limitations.

A family lawyer can assist them examine medical records, obtain expert opinions and build a strong evidence-based case. They can also reach out to insurance companies and negotiate an equitable settlement.

Preventable Birth Injuries

Sadly, a lot of birth injuries that happen could have been avoided. Certain injuries, whether caused by medical negligence or an unnatural issue will not heal themselves and can lead to life-long complications. Some injuries require costly treatment which are not covered by insurance. When the injury occurs, the first emotions parents feel are typically sadness, anger, frustration and shock. They may also wonder how this happened and whether it could have been avoided.

Birth injuries can be caused by any event that occurs prior to, during or during the birth. Some birth injury lawsuit injuries are obvious like a skull injury or damage to the spinal cord. Certain signs will become apparent as the child gets older. Lack of cognitive development and motor growth are signs of brain injury from birth injuries that could have been avoided.

Some birth injuries can be avoided by careful monitoring of the mother during pregnancy and by regular OB-GYN appointments. Parents must evaluate their risk factors and select a doctor who is most appropriate for their requirements. The doctor should also pay attention to the mother's concerns and consider them during labor. The doctor should also be competent and willing to perform C-sections safely. C section with care.

Medical Malpractice

When a baby is struck with an injury at birth it could shatter the hopes of parents who have been looking forward to the day of birth for decades. Even a seemingly minor medical issue can cause years of costly treatment and a lifetime of loss of potential for the child who was injured.

The best birth injury attorneys will examine medical records to determine if negligence occurred during the birthing procedure. Then, they will work with medical experts to show that this breach of duty by the health care professional resulted in your child's preventable injuries.

Many lawyers will provide an evaluation of your case for free and work on a contingency fee basis, which means they don't get paid until they win your case. The top national law firms also have access databases of medical information and an entire team of nurses, case managers and medical experts, as well as other staff members that can strengthen your claim.

It is recommended to hire an attorney as early as you can. If you wait until your child is an adult to make a claim, you will have much less time to build an effective claim, and the medical documents that support your claim might have long since expired. If you don't act quickly, the time limitations for filing a claim for medical negligence in your state could have passed.

Medical Bills

The medical bills of babies with spinal cord injury, or other birth injuries that can be prevented could be staggering. Fortunately that a successful legal case can help to reduce some of those bills. A settlement or a jury award can pay for your child's present and future medical expenses, lost wages from staying at home to care for the baby who is injured, and emotional stress.

In deciding which attorney to choose for your case, you should ask how many cases they manage at a time and what their success rate is with these types of claims. It is also crucial to consider the years of experience they have in the field of malpractice law, since they can impact how they are in court or when negotiating with insurance companies.

Asking which medical experts will be working on your case and what they believe about the possible causes for the injury to the child is a good idea. Medical experts provide a crucial perspective and can make the difference in winning the case of medical negligence.

Parents should also inquire as to what an attorney's average price for their services. A birth injury attorneys injury lawyer will charge on a contingency fee basis, like many personal injury attorneys. This means they only get an amount if they are successful in winning a financial award for their client.