15 Reasons Not To Be Ignoring Birth Injury Law
Birth Injury Lawyers
Parents who believe that their child has suffered birth injuries as a result of medical malpractice may be entitled to compensation. However, filing a claim comes with many complications and deadlines, such as the statute of limitations.
A family's lawyer can help them examine medical records, obtain expert opinions, and create a strong evidence-based case. They can also handle communication with insurance companies and negotiate an acceptable settlement.
Preventable Birth Injuries
Sadly, a lot of 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 injured child. Certain injuries may require expensive treatments that are not covered by insurance. If an injury occurs, the first emotions parents experience are typically sadness, anger, frustration and shock. They may also wonder what happened and if the injury could have been prevented.
Birth injuries can be caused by anything that happens prior to, during, or during delivery. Some birth injuries are obvious, like a skull fracture or damage to the spinal cord. Some will become evident as the child ages. A lack of cognitive development and motor growth are indicators of brain injury from birth injuries that could have been prevented.
Some birth injuries can be avoided by careful monitoring of the mother during pregnancy and through regular OB-GYN visits. Parents should evaluate their risk factors and choose the doctor best for 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 the C section safely.
Medical Malpractice
When a baby is struck with an injury during birth it can shatter the hopes of parents who have longed to this day for a long time. Even a seemingly minor medical issue can lead to years of expensive medical treatment, and a lifetime of loss of opportunities for the child who has been injured.
The most skilled birth injury lawyers will review medical documents and other evidence to determine if there was negligence during the birthing process. They will then collaborate with medical experts in order to establish that the breach of duty on behalf of the health professional resulted in your child's injuries.
Many attorneys provide a free review of your case and work on a contingent fee basis. This means that they are not paid until they are successful in winning your case. The top law firms in the country also have access databases of medical information as well as a team that includes nurse case managers and medical experts, as well as other staff members that can assist in proving your case.
The best time to hire an attorney for birth injuries is as early as you can. If you do not wait until your child becomes an adult to start a lawsuit, you will have much less time to develop a solid case and the medical documentation that support your claim may have been expired for a long time. If you don't take action swiftly, the statute of limitation for filing a lawsuit for medical negligence in your state could be over.
Medical Bills
The medical expenses for babies with spinal cord injury, or other preventable birth injuries can be staggering. Fortunately that a successful legal case can help to reduce some of the costs. A settlement or a jury award can cover your child's medical bills as well as future ones, and also lost earnings due to having to be at home in order to take care of an injured baby. It can also help with emotional stress.
When choosing an attorney, birth injuries it is important to know how many cases they handle at any given time and their rates of success in these types of cases. It is also important to look at the length of their experience in malpractice law, as that can affect how well they are in court or when negotiating with corporate insurance companies.
Inquiring about the medical experts who will be working on your case and what they think about the possible causes of the injury to the child is an excellent idea. Medical experts can provide a unique perspective and can often make the difference when it comes to winning a case of medical malpractice.
Parents should also inquire about what the average cost of a lawyer for their services. Similar to most personal injury lawyers an attorney for birth injuries should charge on a contingency fee basis. This means that they are only paid if they receive an award in the name of the client.