14 Misconceptions Commonly Held About Birth Injury Law
Birth Injury Lawyers
Parents who believe their child suffered birth injuries because of medical malpractice could be entitled to compensation. However, filing claims is not without complexities and 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 contact insurance companies and negotiate a fair settlement.
Birth Injury Prevention
Many birth injuries could have been avoided. Due to medical negligence or a natural complication certain injuries cannot heal on their own and can result in long-term problems for the injured child. Some injuries require costly treatments which are not covered by insurance. If an injury occurs, the first emotions a parent feels are usually sadness, anger, frustration, and shock. They might also be wondering how this happened and whether it could have been avoided.
Birth injuries can be caused by any event that occurs prior to, during or after the birth injury law firm. Some are obvious, such as an injury to the skull or a spinal cord injury. Some will become evident as the child gets older. For instance an absence of motor development or cognitive delay might be signs of brain damage resulting from an injury that could be prevented at birth.
Certain Birth Injury Law Firms injuries can be prevented by regular OB/GYN appointments as well as careful monitoring of the mother's pregnancy. Parents must evaluate their risk factors and choose the doctor most appropriate for their requirements. In addition, the physician should listen to the mother and take her views into consideration during labor and delivery. The doctor should also be aware when a C-section is required and be able in performing one safely.
Medical Malpractice
If a baby is injured or suffers an injury at birth it could shatter the dreams of parents who have looked forward to the day of birth for decades. Even a seemingly minor medical mistake can result in expensive treatment for years and a lifetime lost potential for the child.
The top birth injury lawyers will review medical records and other evidence to determine if there was mistakes made during the birthing process. They will then work with medical experts to prove that the breach of duty on behalf of the health care professional caused your child's injuries.
Many lawyers provide a free review of your case and work on a contingent fee basis. This means that they will not paid until they are successful in winning your case. The top law firms in the country also have access databases of medical information and a team of nurses that includes case managers as well as medical experts and other staff members that can strengthen your claim.
It is best to engage a lawyer as early as you can. If you delay until your child is an adult to file a lawsuit and you'll have less time to develop a solid case and the medical records that support your claim may have long since expired. Additionally, if you aren't quick enough in time, you could miss the statute of limitations for filing a medical malpractice claim in your state.
Medical Bills
The medical bills of babies suffering from spinal cord injury or any other birth injuries that could be prevented are staggering. Fortunately, a successful legal claim could help lower some of the costs. A settlement or jury award could cover your child's present and future medical expenses, lost wages from being forced to stay at home with the injured baby, as well as emotional stress.
When choosing an attorney, it is important to know the number of cases they handle at a time and also their performance in these kinds of cases. It is also important to take into account the years of experience they have in the field of malpractice law as they can impact how they do in court, or when negotiating with corporate insurance companies.
It is an excellent idea to ask which medical experts will be involved in your case and what their advice is on the possible reasons for the child's injury. Medical experts can offer a crucial perspective and often make the difference in securing a victory in a medical malpractice case.
Parents should also inquire about what an attorney's average price for their services. As with most personal injury lawyers attorneys, a birth injury lawyer should charge on a contingency fee basis. This means that they will only be paid when they get an award for financial damages on behalf of the client.