Parents who believe their child was injured at birth due to medical malpractice may be entitled to compensation. However, filing an action is fraught with details and deadlines like the statute of limitations.
A lawyer for the family can help them review medical records, seek expert opinions and construct solid evidence-based arguments. They can also communicate with insurance companies and negotiate an equitable settlement.
Preventable Birth Injuries
Sadly, many birth injuries that happen could have been avoided. Certain injuries, whether triggered due to medical negligence or due to a natural problem will not heal themselves and may cause life-long complications. Some injuries may require costly treatments that may be not covered by insurance. The first feelings parents experience are typically anger and frustration. They may also feel sadness and shock. They may also wonder about what happened and if this could have been avoided.
Birth injuries can be caused by any event that occurs before, during or during delivery. Some birth injury law firm injuries are obvious such as a skull injury or damage to the spinal cord. Others will become apparent as the child grows older. For instance the lack of motor development or cognitive delay may be signs of brain injury resulting from an unavoidable birth injury.
Certain birth injuries can be avoided through regular OB/GYN appointments and careful monitoring of the mother’s pregnancy. Parents should consider their risk factors and choose the doctor who is best for their specific needs. In addition, the doctor should listen to the mother and take her views into consideration during labor and delivery. The doctor should be capable and willing to carry out C sections in a C section in a safe manner.
Medical Malpractice
A baby’s birth injury can ruin the dreams of parents who have been waiting for this day for many years. 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 look over medical documents and other evidence to determine if there was any negligence during the birthing process. Then, they will collaborate with medical experts in proving that the violation of duty by the health care professional led to the child’s injuries that could have been prevented.
Many attorneys provide a free evaluation of your case. These attorneys work on a contingent fee basis. This means that they will not paid until they are successful in winning your case. The top law firms in the country also have access databases of medical data and a team that includes nurse case managers, medical experts and other staff members who can make your case stronger.
It is recommended to hire an attorney as early as you can. If you wait until your child is an adult before bringing a suit you will have less time to construct a convincing case and any medical records supporting your claim might already expired. Additionally, if you aren’t quick enough and act quickly, you could be unable to meet the deadline for filing a medical malpractice claim in your state.
Medical Bills
Medical bills for a child with a spinal cord injury can be overwhelming. A successful legal case could lower some of these costs. A settlement or jury award could pay for medical expenses of your child and future ones as well as lost earnings due to having to remain at home to take care of a baby who is injured. It can also help with emotional trauma.
When deciding on which attorney to choose when choosing an attorney, it is essential to inquire about the number of cases they handle at any given time, and what their success rate is for those types of cases. It is also crucial to take into account the years of experience they have in the field of malpractice law as it can impact how they do in court, or when negotiating with insurance companies.
It is recommended to inquire about the medical experts who are involved in your case and what their advice is on the possible causes of the child’s injuries. Medical experts can provide a crucial perspective and often make the difference in a successful medical malpractice case.
Finally, parents should be sure to ask what a lawyer usually charges for their services. Like most personal injury lawyers however, a birth injury lawsuits injury lawyer should charge on a contingency fee basis. This means they will only receive a payment if they win a financial award for the client.