Parents who believe that their child has suffered a birth injury due to medical malpractice may be entitled to compensation. However, submitting claims is not without complexities and deadlines such as the statute of limitations.
A family lawyer can review medical records, get expert opinions and create an evidence-based case. They can also communicate with insurance companies and negotiate a fair settlement.
Birth Injury Prevention
Unfortunately, a lot of birth injuries that occur could have been prevented. Some injuries, whether caused by negligence in the medical field or an unnatural issue do not heal and can lead to life-long complications. Certain injuries may require expensive treatment options which are not covered by insurance. When an injury occurs, the initial emotions parents experience are typically sadness, anger, frustration and shock. They may also wonder about what occurred and if it could have been prevented.
Birth injuries can 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. Others will be evident as the child gets older. Lack of cognitive development and motor growth are indicators of brain injury caused by a birth injury which could have been avoided.
Some birth injuries can be avoided by ensuring the mother during pregnancy and through regular OB-GYN check-ups. Parents should evaluate their risk factors and choose a doctor who is 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 competent and willing to perform a C section in a safe manner.
Medical Malpractice
A baby’s birth injury can ruin the hopes of parents who have been waiting for this day for many years. Even a minor medical issue can result in years of costly treatment and a lifetime of loss of potential for the injured child.
The most skilled birth injury lawyers will review medical records and other evidence to determine if there was any negligence during the birthing process. They will then consult with medical experts in order to show that the negligence on the part of the health care professional triggered the injuries of your child.
Many attorneys provide a free evaluation of your case. These attorneys operate on a contingent fee basis. This means they are not paid until they succeed in winning your case. Additionally the top national law firms have access to huge medical databases and a group of staff members including medical experts who can help you to strengthen your case.
The best time to hire an attorney for birth injuries is as soon as possible. If you wait until the child is an adult before filing a lawsuit it will take less time to create an argument that is convincing and any medical documentation supporting your claim could already expired. Additionally, if you don’t act quickly in time, you could miss the time limit for filing a medical malpractice lawsuit in your state.
Medical Bills
The medical bills for babies with brain injury, spinal cord injury or any other birth injuries that are preventable can be astounding. Fortunately an effective legal claim can help reduce some of those bills. A settlement or jury award could help pay for medical bills for your child, including future ones, and also lost earnings due to having to stay at home to take care of an injured child. It may also cover emotional stress.
When selecting an attorney it is essential to know how many cases they handle at a time and their success rate with these types of cases. It is also crucial to consider the length of their experience in malpractice law, as this can affect how they do in court or when negotiating with insurance companies.
It is an excellent idea to inquire about which medical experts will be involved in your case and what their advice is on the possible reasons for the child’s injury. Medical experts provide a crucial perspective and often be the difference maker when it comes to winning the case of medical negligence.
Additionally, parents should be sure to inquire as to how much a lawyer typically charges for their services. A birth injury lawyer must charge on a contingent basis, like many personal injury attorneys. This means that they will only be paid if they receive an award in the name of the client.