20 Fun Facts About Birth Injury Law
Birth Injury Lawyers
Parents who believe their child suffered birth injuries as a result of medical malpractice may be entitled to compensation. However, filing claims is not without complexities and deadlines such as the time limit.
A lawyer for a family can assist them review medical records, obtain expert opinions and construct an evidence-based case. They can also handle correspondence with insurance companies and negotiate a fair settlement.
Preventable Birth Injuries
Many birth injuries could have been prevented. Whether due to medical negligence or a natural complication some injuries will not heal themselves and can result in long-term problems for the child who was injured. Some injuries will also require expensive treatments that may be not covered by insurance. When an injury occurs, the first feelings that parents experience are typically anger, frustration, sadness, and shock. They may also wonder what happened and if this could have been prevented.
Birth injuries can be caused by any incident that occurs before, during or after delivery. Some birth injuries are obvious, birth injury lawyer like a skull injury, or damage to the spinal cord. Certain issues will become apparent as the child ages. For instance the lack of motor development or cognitive delays may be signs of brain damage caused by an injury to the birth canal that is preventable.
Certain birth injuries can be prevented by ensuring the mother during pregnancy and through regular OB-GYN check-ups. Parents should assess their risk factors and choose a doctor who is best suited for their needs. Additionally, the doctor must listen to the mother's views and take them into consideration during labor and birth. The doctor must be able and willing to perform a C section safely.
Medical Malpractice
A baby's injuries at birth can ruin the hopes of parents who have been waiting for this day for a long time. Even a seemingly insignificant medical mistake can result in costly treatment over the course of years and a lifetime lost potential for the child.
The best birth injury law firms injury lawyers will examine medical documents and other evidence to determine if there was any error during the birthing process. Then, they will work with medical experts to prove that the violation of duty by the health care professional led to your child's preventable injuries.
Many lawyers will provide an initial free case assessment and work on a contingency fee basis, meaning that they don't get paid until they win your case. The top law firms in the country also have access to huge databases of medical information and a team that includes nurse case managers along with medical experts and other staff members who can help you strengthen your case.
The best time to get a lawyer for birth injuries is as early as you can. If you wait until your child is an adult before bringing a lawsuit there will be less time to construct a strong case and any medical documentation supporting your claim may already have expired. If you don't act promptly, the time of limitation for filing a claim for medical negligence in your state could be over.
Medical Bills
The medical expenses for infants suffering from spinal cord injury, or any other birth injuries that could be prevented are overwhelming. Fortunately the legal process is successful and can help cut down on the amount of these bills. A settlement or a jury award can pay for your child's future and current medical expenses, the loss of wages due to being at home to take care of the baby who is injured, and emotional stress.
When choosing an attorney, it's important to find out the number of cases they handle at a time and also their rates of success in these types of cases. It is also crucial to consider the years of experience they have in the field of malpractice law since that can affect how well they do in court or when negotiating with insurance companies.
It is an excellent idea to inquire about the medical experts who will be involved in your case and what their opinion is regarding the potential causes of the child's injuries. Medical experts can provide an important viewpoint and often can make the difference in securing a victory in a medical malpractice case.
Additionally, parents should be sure to ask what a lawyer usually charges for their services. Similar to most personal injury lawyers however, a birth injury lawyer should be charged on a contingency basis. This means they will only receive a payment if they win a financial award for the client.