Parents who believe their child has suffered a birth injury because of medical malpractice could be entitled to compensation. It is a complicated process to file a claim and has deadlines, such as the statute of limitations.
A family lawyer can assist them review medical records, seek expert opinions and build solid evidence-based arguments. They can also manage communications with insurance companies and negotiate an acceptable settlement.
Preventable Birth Injuries
Sadly, many birth injuries that occur could have been avoided. Due to medical negligence or a natural complication, certain injuries cannot heal on their own and may result in life-long issues for the child. Some may also require expensive treatments that may not be covered by insurance. The first feelings a parent experiences are usually anger and frustration. They may also feel sadness and shock. They might also be wondering how this occurred and if the injury could have been avoided.
A birth injury may be caused by any incident that occurs before, during, or during delivery. Some birth injuries are obvious like a skull injury, or damage to the spinal cord. Certain conditions will become apparent as the child gets older. The lack of motor development and cognitive delays are indications of brain damage from a birth injury that could have been prevented.
Some birth injury lawsuits injuries can be prevented by monitoring the mother during pregnancy and by regular OB-GYN check-ups. Parents should assess their risk factors and choose the best doctor suitable for their requirements. The doctor should also listen to the mother’s concerns and take them into consideration during labor. The doctor must also know when a C-section is required and be able perform one safely.
Medical Malpractice
A baby’s birth injury could ruin the hopes of parents, who have been waiting for this day for a long time. Even a seemingly minor medical issue can lead to years of expensive medical treatment, and a lifetime of lost potential for the child who was injured.
The best birth injury lawyers will analyze medical records and other evidence to determine if there was any error during the birthing process. They will then work with medical experts in proving that the breach of duty by the medical professional was the cause of the child’s injuries that could have been prevented.
Many attorneys offer a free review of your case and operate on a contingent fee basis. This means they are not paid until they win your case. The top national law firms also have access to large databases of medical records and a team that includes nurse case managers and medical experts, as well as other staff members who can strengthen your claim.
The ideal time to engage a birth injury law firm injury lawyer is as early as you can. If you wait until your child is an adult before bringing a lawsuit you will have less time to create an argument that is convincing and any medical documentation supporting your claim might already have expired. In addition, if you do not act quickly, you could miss the time limit for filing a medical malpractice lawsuit in your state.
Medical Bills
The medical bills for infants suffering from spinal cord injury, or any other birth injuries that can be prevented could be overwhelming. Fortunately an effective legal claim can help to reduce some of the costs. A settlement or jury award could cover your child’s present and future medical expenses, birth injury Lawyers lost wages due to staying at home with the injured baby, as well as emotional stress.
In deciding which attorney to work with, it is important to inquire about how many cases they typically handle at the same time and what their success rate for those types of cases. It is important to also consider their years of malpractice law experience, as it can impact how they perform in court and when negotiating with corporate insurance companies.
It is important to know which medical experts will be involved in your case and what they believe about the possible causes for the injury to the child is a good idea. Medical experts can offer a crucial perspective and often play a significant role in a successful medical malpractice case.
Parents should also ask what an attorney’s average price for their services. A birth injury lawyer should also charge on a contingent basis, similar to most personal injury lawyers. This means that they are only paid if they receive an award in the name of the client.