Birth Injury Lawyers
Parents who believe that their child was injured at birth due to medical negligence may be entitled to compensation. However, submitting claims is not without complications and deadlines, such as the statute of limitations.
A lawyer for the family can help them examine medical records, obtain professional opinions and develop a strong evidence-based case. They can also manage communications with insurance companies and negotiate a fair settlement.
Preventable Birth Injuries
Sadly, a lot of birth injuries that occur could have been prevented. Certain injuries, whether caused by medical negligence or a natural problem, do not heal and may result in life-long complications. Some injuries will also require expensive treatment options that may be not covered by insurance. If an injury occurs, the first feelings that parents experience are typically sadness, anger, frustration, and shock. They may also be thinking about how this occurred and if the injury could have been prevented.
Birth injuries can be caused by any incident that occurs prior to, during or after the
birth injury lawsuits. Some are obvious, for example, a skull fracture or spinal cord injury. Others will be obvious as the child gets older. For instance an absence of motor development or cognitive problems could be signs of brain damage from an injury that could be prevented at birth.
Certain birth injuries can be avoided through regular OB/GYN appointments as well as careful monitoring of the mother's pregnancy. Parents should consider their risk factors and choose a doctor who is best suited for their needs. Additionally, the doctor should listen to the mother and take her views into consideration during labor and delivery. The doctor should also be aware the time when a C section is required and be able to carry out one in a safe manner.
Medical Malpractice
If a child suffers an injury at birth it could shatter the dreams of parents who have been looking forward to the day of birth for decades. Even a seemingly minor medical error could lead to years of expensive medical treatment, and a lifetime of loss of potential for the injured child.
The best
birth injury attorneys will review medical records to determine if negligence occurred during the birthing process. They will then consult with medical experts in order to establish that the negligence on the part of the health professional triggered the injuries of your child.
Many lawyers will provide an evaluation of your case for free and are paid on a contingency basis, meaning they do not receive a payment unless they succeed in winning your case. Additionally the top law firms have access to large medical databases and a team of staff members including nurse case managers and medical experts who can help strengthen your claim.
The best time to get an attorney for birth injuries is as soon as possible. If you do not wait until your child becomes an adult to file a lawsuit, you will have much less time to construct a solid case and the medical records that support your claim might have long since expired. If you don't take action quickly, the statute of limitation for filing a lawsuit for medical malpractice in your state may have expired.
Medical Bills
The medical bills of infants suffering from spinal cord injury or any other preventable birth injuries can be shocking. A successful legal case could lower the cost of these injuries. A settlement or jury award can cover your child's current and future medical expenses, lost wages due to being at home to care for the injured child, as well as emotional distress.
When choosing which attorney to work with it is crucial to ask how many cases they manage at one time and what their success rate with these kinds of claims. It is important to also examine their years of legal experience, since this could impact the way they conduct themselves in court and when negotiating with corporate insurers.
It is recommended to inquire about the medical experts who will be involved in your case and what their advice is regarding the potential causes of the child's injury. Medical experts can provide an important viewpoint and often make a difference in winning a medical malpractice case.
Parents should also ask what the average cost of a lawyer for their services. A birth injury lawyer should be charged on a contingent fee basis, much like the majority of personal injury attorneys. This means that they will only be paid if they obtain an award in the name of the client.
