15 Shocking Facts About Birth Injury Law

Birth Injury Lawyers

Parents who believe their child was injured at birth because of medical malpractice could be entitled to compensation. It is a complicated process to file a claim and requires a deadline, such as the statute of limitations.

A family lawyer can help review medical records, obtain experts' opinions and develop an evidence-based case. They can also communicate with insurance companies and negotiate a fair settlement.

Preventable Birth Injuries

Sadly, a lot of birth injuries that occur could have been avoided. Some injuries, whether caused by medical negligence or a natural issue, will not heal themselves and could cause long-term complications. Some may also require expensive treatments that are not covered by insurance. When the injury occurs, the first feelings that parents experience are typically anger, Birth injury lawyers frustration, sadness, and shock. They may also wonder how this happened and whether it could have been prevented.

A birth injury could be caused by anything that happens before, during, or during delivery. Some birth injuries are obvious such as a skull injury or damage to the spinal cord. Others will be apparent as the child gets older. A lack of cognitive development and motor skills are indications of brain damage from a birth injury that could have been prevented.

Certain birth injuries can be prevented through regular OB/GYN visits and the careful monitoring of the pregnant mother. Parents must evaluate their risk factors and select the doctor best for their needs. The doctor should also listen to the mother's viewpoints and consider them during labor. The doctor should be competent and willing to perform C sections in a C section safely.

Medical Malpractice

A baby's injury during birth injury attorneys can ruin the hopes of parents, who have been waiting for this day for years. Even a seemingly minor medical mistake can result in expensive treatment for years and a loss of a lifetime for the child.

The most skilled birth injury lawyers will look over medical documents and other evidence to determine if there was carelessness during the birthing process. They will then consult with medical experts in order to prove that the breach of duty on behalf of the health professional resulted in your child's injuries.

Many attorneys will offer an initial free case assessment and offer services on a contingent fee basis, meaning that they do not receive a payment unless they succeed in winning your case. The top national law firms also have access databases of medical records and the team includes nurse case managers as well as medical experts and other staff members who can make your case stronger.

The ideal time to engage a lawyer for birth injuries is as soon as possible. If you wait until your child is an adult to bring a lawsuit you'll have less time to build a solid case and the medical evidence that support your claim might have been expired for a long time. In addition, if you do not act quickly you may miss the time limit for filing a medical malpractice lawsuit in your state.

Medical Bills

Medical bills for a child with a brain or spinal cord injury can be shocking. Fortunately an effective legal claim can help to reduce some of those bills. A settlement or jury award can pay for your child's present and future medical costs, lost wages resulting from being at home to care for the injured baby, as well as emotional stress.

When choosing an attorney, it's important to find out how many cases they deal with at the same time, and their rates of success in these types of cases. It is also important to look at the years of experience they have in malpractice law, as this can affect how they are in court or when negotiating with insurance companies.

It is also a good idea to inquire about the medical experts that will be involved in your case and what their opinion is on the likely reasons for the child's injury. Medical experts provide an important viewpoint and can often make a difference when it comes to winning the case of medical negligence.

Parents should also inquire as to what an attorney's average price for their services. Similar to most personal injury lawyers however, a birth injury lawyer should be charged on a contingency basis. That means they only receive a payment if they win a financial award for the client.