5 Killer Quora Answers On Birth Injury Law
Birth Injury Lawyers
Parents who believe that their child has suffered a birth injury due to medical malpractice may be entitled to compensation. It is a complicated process to file a claim and is subject to deadlines that include the statute of limitations.
A family lawyer can review medical records, obtain expert opinions and create an 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 occur could have been avoided. Certain injuries, whether caused through medical negligence or an unnatural issue do not heal and may result in life-long complications. Certain injuries may require expensive treatments that are not covered by insurance. The first feelings parents experience are typically anger and frustration. They may also feel sadness and shock. They might also be wondering what was the cause and whether this could have been avoided.
Birth injuries can be caused by any incident that occurs before, birth injury during or during the birth. Some birth injury law firms injuries are obvious like a skull fracture or spinal cord damage. Others will be apparent as the child gets older. For instance the lack of motor development or cognitive issues could be signs of brain damage caused by an unavoidable birth injury.
Some birth injuries can also be avoided through regular OB/GYN check-ups and monitoring of the mother's pregnancy. Parents should evaluate their risk factors and select 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 must also be capable and willing to perform a C section safely.
Medical Malpractice
A baby's birth injury can ruin the hopes of parents who have been waiting for this day for years. Even a minor medical mistake can cause years of costly treatments, and a lifetime of loss of opportunities for the child who has been injured.
The most experienced birth injury lawyers will review medical records to determine whether negligence occurred during the birthing procedure. They will then consult with medical experts to demonstrate that the negligence on the part of the health care professional caused your child's injuries.
Many lawyers offer a no-cost review of your case and operate on a contingent fee basis. This means that they are not paid until they win your case. The top national law firms also have access databases of medical data and a team that includes nurse case managers along with medical experts and other staff members that can assist in proving your case.
It is best to engage an attorney as early as you can. If you delay until your child is an adult to start a lawsuit, you will have much less time to create a solid case and the medical documentation supporting your claim could have been expired for a long time. If you don't take action promptly, the time of limitation to file a claim for medical malpractice in your state may have expired.
Medical Bills
The medical expenses for infants suffering from spinal cord injury, or any other preventable birth injuries can be astounding. A successful legal claim may lower some of these costs. A settlement or a jury award can cover your child's current and future medical costs, lost wages resulting from being home to care for the injured baby, as well as emotional stress.
In deciding which attorney to select it is crucial to inquire about the number of cases they manage at a time and what their success rate with those types of claims. It is also crucial to look at their years of experience in the field of malpractice law as this can affect how they do in court, or when negotiating with insurance companies.
It is an excellent idea to inquire about the medical experts who are involved in your case and what their perspective on the possible causes of the child's injury. Medical experts can provide a unique perspective and can be the difference maker when it comes to winning an action for medical malpractice.
Parents should also make sure they inquire about 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. This means they will only receive an amount if they are successful in winning a financial award for their client.