Birth Injury Lawyers
Parents who believe their child has suffered a birth injury caused by medical malpractice could be entitled to compensation. However, claiming claims is not without complications and deadlines, such as the statute of limitations.
A lawyer for a family can assist them review medical records, seek expert opinions and build an evidence-based argument. They can also handle correspondence with insurance companies and negotiate an equitable settlement.
Birth Injury Prevention
Unfortunately, many birth injuries that occur could have been prevented. Whether due to medical negligence or a natural complication, some injuries will not heal themselves and can cause life-long complications for the injured child. Some injuries will also require expensive treatment options that are not covered by insurance. The first emotions parents experience are typically anger and frustration. They may also feel sadness and shock. They might also be wondering how this happened and whether it could have been avoided.
Birth injuries can be caused by any incident that takes place prior to, or during the birth. Some are obvious, such as an injury to the skull or a spinal cord injury. Certain conditions will become apparent as the child grows older. For instance an absence of motor development or cognitive delay could be a sign of brain damage caused by an unavoidable birth injury.
Some birth injuries can also be prevented by regular OB/GYN appointments and careful monitoring of the mother's pregnancy. Parents should assess their risk factors and choose the best doctor for their specific needs. In addition, the doctor must listen to the mother and take her opinions into consideration during labor and birth. The doctor must also be able and willing to perform a C section in a safe manner.
Medical Malpractice
A baby's injury at birth could end the hopes of parents who have been waiting for this day for a long time. Even a minor medical error could lead to costly treatment over the course of years and a lifetime lost potential for the child.
The most skilled
birth injury lawyers will review medical documents and other evidence to determine if there was any carelessness during the birthing process. They will then work with medical experts in proving that the breach of duty by a health care professional led to the child's injuries that could have been prevented.
Many attorneys will offer a free case evaluation and work on a contingency fee basis, meaning that they do not get paid unless they are successful in your case. The top law firms in the country also have access databases of medical records and a team that includes nurse case managers as well as medical experts and other staff members who can strengthen your claim.
It is recommended to hire a lawyer as early as you can. If you wait until your child is an adult before bringing a lawsuit, there will be less time to build a convincing case and any medical evidence supporting your claim may already have expired. If you don't take action promptly, the time of limitation for filing a lawsuit for medical negligence in your state could be over.
Medical Bills
Medical costs for children with a spinal cord injury can be enormous. A successful legal case could lower the cost of these injuries. A settlement or jury award may be able to pay for your child's medical expenses including future ones and also lost wages due to having to remain at home to take care of an injured baby. It could also cover emotional trauma.
When selecting an attorney, it's important to find out how many cases they take on at a time and also their rates of success in these types of cases. It is also important to examine their years of legal experience, since this can affect their performance in court and when negotiating with corporate insurers.
Inquiring about the medical experts who are going to 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 offer an important perspective and can often make a difference in a successful medical malpractice case.
Parents should also inquire about what an attorney charges for their services. A
birth injury lawyer should be charged on a contingent fee basis, like many personal injury lawyers. This means that they only get paid when they get an award in the name of the client.