10 Misconceptions Your Boss Has About Birth Injury Law
Birth Injury Lawyers
Parents who believe that their child was injured at birth caused by medical malpractice could be entitled to compensation. However, filing an claim is fraught with complications and deadlines, such as the statute of limitations.
A lawyer for the family can help them review medical records, obtain expert opinions and construct a strong evidence-based case. They can also manage communications with insurance companies and negotiate an acceptable settlement.
Preventable Birth Injuries
Many birth injuries could have been avoided. Certain injuries, whether caused by medical negligence or a natural issue, do not heal and may result in life-long complications. Some will also require costly procedures that may not be covered by insurance. If an injury occurs, the first feelings a parent feels are usually sadness, anger, frustration, and shock. They may also be thinking about how this happened and if it could have been avoided.
Birth injuries can be caused by any incident that occurs prior to, during or during delivery. Some are obvious, like a skull fracture or spinal cord injury. Others will be obvious as the child ages. For instance the lack of motor development or cognitive delay could be a sign of brain damage resulting from an unavoidable birth injury.
Some birth injuries can be avoided by careful monitoring of the mother during pregnancy and by regular OB-GYN appointments. Parents should assess their risk factors and choose the doctor who is best suited to their requirements. In addition, the physician must listen to the mother and take her views into consideration during labor and delivery. The doctor must also know the time when a C section is required and be able perform one in a safe manner.
Medical Malpractice
If a baby is injured or suffers an injury during birth, it can shatter the hopes of parents who have longed to this day for years. Even a seemingly minor medical error could cause years of costly treatments, and a lifetime of loss of potential for the child who was injured.
The best birth injury attorneys will look over medical records to determine if negligence took place during the birthing process. Then, they will work with medical experts to demonstrate that the violation of duty by the medical professional caused the child's injuries that could have been prevented.
Many lawyers provide a free evaluation 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. Additionally the top law firms have access medical databases and a team of staff members including medical experts who can help you to strengthen your case.
It is best to hire an attorney as early as you can. If you are waiting until your child turns an adult to bring a lawsuit and you'll have less time to construct an impressive case, and the medical documents that support your claim might have long since expired. If you don't take action promptly, the time of limitation to file a claim for medical negligence in your state could have expired.
Medical Bills
The medical bills for babies with spinal cord injury, or other birth injuries that could be prevented are staggering. Fortunately the legal process is successful and can help cut down on some of those costs. A settlement or jury award might cover your child's medical bills as well as future ones, as well as lost earnings due to having stay at home to take care of a baby who is injured. It can also help with emotional distress.
When selecting an attorney, it is essential to know the number of cases they handle at a time and also their rate of success with these kinds of cases. It is important to also look at their malpractice law experience, as it can impact their performance in court and when dealing with corporate insurers.
It is an excellent idea to ask which medical experts will be involved in your case and what their opinion is on the possible causes of the child's injuries. Medical experts provide an important perspective and often make a difference in winning an action for medical malpractice.
Lastly, parents should be sure to ask how much a lawyer typically charges for their services. Like many personal injury lawyers, a birth injury attorney should charge on a contingency fee basis. This means that they will only be paid when they get a financial award on behalf of the client.