This Is The History Of Birth Injury Law
Birth Injury Lawyers
Parents who believe their child was injured at birth because of medical malpractice could be entitled to compensation. Filing a claim is complicated and birth injury attorneys has deadlines like the statute or limitations.
A family lawyer can examine medical records, seek expert opinions and create an evidence-based case. They can also communicate with insurance companies and negotiate a fair settlement.
Prevention of Birth Injuries
Sadly, many birth injuries that occur could have been avoided. Whether due to medical negligence or a natural complication, certain injuries cannot heal on their own and may cause long-term complications for the child injured. There are some that require expensive treatments that are not covered by insurance. When the injury occurs, the first emotions that parents experience are typically sadness, anger, frustration, and shock. They might also be wondering what was the cause and whether this could have been prevented.
Birth injuries can be caused by any event that takes place prior to, or after the birth. Some birth injuries are obvious like a skull injury, or spinal cord injury. Others will be evident as the child grows older. A lack of cognitive development and motor development are signs of brain injury from a birth injury that could have been avoided.
Some birth injuries can also be avoided through regular OB/GYN check-ups and monitoring of the pregnant mother. Parents should evaluate their risk factors and choose a doctor who is best suited for their needs. The doctor should also listen to the mother's views and take them into consideration during labor. The doctor should also be aware when a C-section is required and be able to perform one in a safe manner.
Medical Malpractice
When a baby suffers an injury during birth it could end up destroying the dreams of parents who have looked forward to this day for years. Even a seemingly insignificant medical mistake can result in costly treatment for years and a life-long loss of potential for the child.
The best birth injury attorneys will review medical records to determine if negligence took place during the birthing process. Then, they will collaborate with medical experts to prove that the violation of duty by the health care professional led to the child's injuries that could have been prevented.
Many attorneys offer a free evaluation of your case. These attorneys operate on a contingent fee basis. This means that they will not paid until they succeed in winning your case. Also the top law firms have access medical databases as well as a team of staff members which includes nurse case managers and medical experts who can assist you to make your case stronger.
The best time to employ an attorney for birth injuries is as soon as you can. If you wait until your child is an adult before bringing a suit, there will be less time to build an effective case and any medical records supporting your claim might already have expired. If you don't act quickly you may miss the statute of limitations for filing a medical malpractice claim in your state.
Medical Bills
The medical costs of a child with a brain or spinal cord injury can be staggering. Fortunately that a successful legal case can help cut down on some of the costs. A settlement or jury award could cover your child's current and future medical expenses, lost wages due to having to stay home to care for the baby who is injured, and emotional stress.
When choosing which attorney to work with it is crucial to ask how many cases they manage at any given time, and what their success rate is with these types of claims. It is also important to examine their years of legal experience, since this could impact the way they conduct themselves in court and when negotiating with corporate insurers.
It is recommended to ask which medical experts will be working on your case and what their advice on the possible causes of the child's injuries. Medical experts can offer a crucial perspective and often can make the difference in securing a victory in a medical malpractice case.
Lastly, birth injury attorneys parents should make sure they inquire about what a lawyer usually charges for their services. Similar to most personal injury lawyers, a birth injury attorney should charge on a contingency fee basis. That means they only receive an amount if they are successful in winning a financial award for their client.