5 Things That Everyone Doesn t Know About Birth Injury Law

Birth Injury Lawyers

Parents who believe their child has suffered birth injuries because of medical malpractice may be entitled to compensation. However, filing claims is not without challenges and deadlines such as the statute of limitations.

A family lawyer can assist them review medical records, obtain professional opinions and develop an evidence-based argument. They can also manage communications with insurance companies and negotiate a fair settlement.

Preventable Birth Injuries

Unfortunately, many birth injuries could have been prevented. Whether due to medical negligence or a natural complication, some injuries will not heal on their own and can result in long-term problems for the child injured. Certain injuries may require expensive treatments that are not covered by insurance. When an accident occurs, the initial emotions a parent feels are usually anger, frustration, sadness, and shock. They might also be wondering how this occurred and if the injury could have been prevented.

Birth injuries can be caused by any event that takes place prior to, or during the birth. Some are obvious, like a skull fracture or a spinal cord injury. Certain conditions will become apparent as the child grows older. For instance an absence of motor development or cognitive problems might be signs of brain injury resulting from an injury to the birth canal that is preventable.

Certain birth injuries can be prevented by regular OB/GYN visits and the careful monitoring of the pregnant mother. Parents should consider their risk factors and select the doctor best suited to their needs. In addition, the physician should listen to the mother and take her concerns into consideration during labor and delivery. The doctor should also be aware when a C-section is needed and be able perform one in a safe manner.

Medical Malpractice

A baby's injury during birth can ruin the dreams of parents, who have been waiting for this day for many years. Even a seemingly minor medical error can lead to costly treatment over the course of years and a life-long loss of potential for the child.

The best birth injury attorneys will scrutinize medical records to determine if negligence took place during the birthing procedure. They will then collaborate with medical experts to prove that the breach of duty on behalf of the health care professional resulted in your child's injuries.

Many attorneys will offer an evaluation of your case for free and offer services on a contingent fee basis, meaning they do not get paid unless they win your case. The top national law firms also have access to large databases of medical records and a team of nurses that includes case managers and medical experts, as well as other staff members who can strengthen your claim.

The ideal time to engage an attorney for birth injuries is as soon as possible. If you do not wait until your child becomes an adult to bring a lawsuit you'll have less time to create a solid case and the medical evidence that support your claim may be long past due. If you don't act quickly in time, you could miss the deadline for filing a medical malpractice lawsuit in your state.

Medical Bills

The medical expenses for babies with brain injury, spinal cord injury or other preventable birth injuries can be shocking. Fortunately that a successful legal case can help cut down on the amount of these bills. A settlement or a jury award could cover your child's current and future medical expenses, lost wages due to being forced to stay at home with the baby who is injured, and emotional stress.

When deciding on the attorney to choose for your case, you should ask how many cases they handle at one time and what their success rate is with these kinds of claims. It is important to also take into account their years of malpractice legal experience, since it can impact how they perform in court and when negotiating with corporate insurance companies.

It is an excellent idea to ask which medical experts will be working on your case and birth injury attorneys what their perspective is on the possible causes of the child's injury. Medical experts offer a valuable perspective and often make a difference in winning the case of medical negligence.

Parents should inquire about the price the average cost of a lawyer for their services. A birth injury lawyer should also be charged on a contingent fee basis, like many personal injury attorneys. That means they only receive the money if they receive an award of financial compensation for the client.