The Ultimate Guide To Birth Injury Law

Birth Injury Lawyers

Parents who believe their child was injured at birth caused by medical malpractice could be entitled to compensation. It is a complicated process to file a claim and is subject to deadlines like the statute or limitations.

A family lawyer can help examine medical records, seek expert opinions and create an evidence-based case. They can also handle communications with insurance companies and negotiate an acceptable settlement.

Preventable Birth Injuries

Unfortunately, many birth injuries that happen could have been avoided. Due to medical negligence or a natural complication, some injuries will not heal on their own and can cause life-long complications for the child. There are some that require expensive treatments that may not be covered by insurance. When an injury occurs, the first emotions parents feel are typically anger, frustration, sadness, and shock. They may also wonder what was the cause and whether this could have been prevented.

Birth injuries can be caused by any incident that takes place prior to, or during delivery. Some are obvious, for example, an injury to the skull or a spinal cord injury. Some will become evident as the child grows older. Lack of cognitive development and motor growth are signs of brain injury from a birth injury that could have been prevented.

Certain birth injuries can be prevented by ensuring the mother during pregnancy, and through regular OB-GYN check-ups. Parents must evaluate their risk factors and choose a doctor who is best suited to their needs. The doctor should also pay attention to the mother's concerns and consider them during labor. The doctor should also be able and willing to perform C sections in a C section safely.

Medical Malpractice

When a baby suffers an injury at birth it could end up destroying the dreams of parents who have been looking forward to this day for years. Even a seemingly minor medical mistake can cause years of costly medical treatment, and a lifetime of lost opportunities for the child who has been injured.

The top birth injury lawyer injury lawyers will examine medical documents and other evidence to determine if there was any error during the birthing process. They will then collaborate with medical experts to prove that this breach of duty by the health care professional resulted in your child's injury that could have been avoided.

Many attorneys will offer an initial free case assessment and work on a contingency fee basis, meaning that they do not receive a payment unless they are successful in your case. Also the top national law firms have access to huge medical databases and a group of staff members that include nurses as case managers and medical experts who can help strengthen your claim.

The best time to employ a lawyer for birth injuries is as soon as you can. If you are waiting until your child turns an adult to make a claim then you'll have less time to develop an impressive case and the medical records that support your claim might be long past due. In addition, if you aren't quick enough, you could miss the statute of limitations for filing a medical malpractice lawsuit in your state.

Medical Bills

The medical expenses for infants suffering from brain injury, spinal cord injury or any other birth injuries that could be prevented are shocking. Fortunately an effective legal claim can help reduce some of the costs. A settlement or a jury award could cover your child's future and current medical costs, lost wages resulting from being at home to care for the injured baby, and emotional distress.

When deciding on which attorney to work with, it is important to inquire about how many cases they typically handle at any given time, and what their success rate with these types of claims. It is important to also consider their years of malpractice legal experience, since it can impact the way they conduct themselves in court and when negotiating with corporate insurers.

It is also a good idea to inquire about the medical experts that will be involved in your case and what their opinion is regarding the potential causes of the child's injury. Medical experts can provide an important viewpoint and often play a significant role in securing a victory in a medical malpractice case.

Parents should inquire about the price a lawyer charges on average for their services. Like many personal injury lawyers, a birth injury attorney should charge on a contingency fee basis. This means they will only receive an amount if they are successful in winning a financial award for the client.