Five Killer Quora Answers On Birth Injury Law
Birth Injury Lawyers
Parents who believe their child has suffered a birth injury because of medical malpractice could be entitled to compensation. However, claiming a claim comes with many details and deadlines like the statute of limitations.
A lawyer for the family can help them review medical records, seek professional opinions and develop solid evidence-based arguments. They can also handle communication with insurance companies and negotiate a fair settlement.
Preventable Birth Injuries
Sadly, a lot of birth injuries that occur could have been prevented. Whether due to medical negligence or a natural complication certain injuries won't heal themselves and may cause long-term complications for the child injured. Certain injuries may require expensive procedures that may not be covered by insurance. When an accident occurs, the initial emotions parents feel are typically sadness, anger, frustration, and shock. They may also wonder why this occurred and if the injury could have been prevented.
A birth injury may be caused by anything that occurs prior to, during, or during the birth injury lawsuits. Some are obvious, such as the skull fracture or spinal cord injury. Certain conditions will become apparent as the child grows older. A lack of motor development and cognitive delays are signs of brain injury from birth injuries that could have been avoided.
Some birth injuries can be avoided by monitoring the mother during pregnancy, and through regular OB-GYN visits. Parents must evaluate their risk factors and choose a doctor who is best suited for their needs. In addition, the physician should listen to the mother and take her concerns into consideration during labor and birth. The doctor must also be able and willing to perform C sections in a C section with care.
Medical Malpractice
If a child suffers an injury in the birth process it could shatter the hopes of parents who have been looking forward to this day for years. Even a seemingly insignificant medical mistake can result in costly treatment over the course of years and a lifetime lost potential for the child.
The best birth injury attorneys will review medical records to determine if there was negligence during the birthing process. Then, they will work with medical experts to show that this breach of duty by a health care professional led to your child's preventable injuries.
Many lawyers provide a free review of your case and operate 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 records and an entire team of nurses, case managers and medical experts, as well as other staff members that can assist in proving your case.
It is recommended that you hire an attorney as soon as you are able to. If you wait until your child is an adult before bringing a lawsuit, there will be less time to develop an argument that is convincing, and any medical documents supporting your claim may already have expired. If you don't take action quickly, the statute of limitation to file a claim for medical negligence in your state could have expired.
Medical Bills
The medical bills of babies with spinal cord injury or any other preventable birth injuries can be astounding. A successful legal case could lower the cost of these injuries. 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 be at home in order to take care of a baby who is injured. It can also help with emotional stress.
When deciding on the attorney to work with, it is important to ask how many cases they handle at one time and what their success rate for those types of cases. It is also important to examine their years of legal experience, since this could affect their performance in court and when negotiating with corporate insurers.
It is an excellent idea to ask which medical experts will be working on your case and what their view is on the possible causes of the child's injury. Medical experts can provide a unique perspective and can often make a difference in winning an action for medical malpractice.
Additionally, parents should be sure to ask how much a lawyer typically charges for their services. A birth injury lawyer must charge on a contingent fee basis, similar to most personal injury lawyers. This means that they are only paid when they get an award in the name of the client.