A Step-By-Step Guide To Birth Injury Law

Birth Injury Lawyers

Parents who believe their child suffered birth injuries as a result of medical malpractice may be entitled to compensation. It is a complicated process to file a claim and has deadlines that include the statute of limitations or deadlines.

A family lawyer can examine medical records, seek expert opinions and build an evidence-based case. They can also contact insurance companies and negotiate an equitable settlement.

Preventable Birth Injuries

Unfortunately, a lot of birth injuries that occur could have been avoided. Certain injuries, whether triggered by medical negligence or an unnatural issue are not able to heal themselves and may result in life-long complications. Some injuries require costly treatment that are not covered by insurance. When the injury is sustained, the first emotions parents experience are typically sadness, anger, frustration, and shock. They may also wonder why this happened and whether it could have been prevented.

A birth injury may be caused by anything that happens before, during, or after delivery. Some are obvious, like the skull fracture or spinal cord injury. Others will be apparent as the child gets older. For instance the lack of motor development or cognitive delays might be signs of brain damage resulting from an injury to the birth canal that is preventable.

Certain birth injuries can be prevented through regular OB/GYN appointments and careful monitoring of the pregnant mother. Parents should consider their risk factors and select a doctor who is most suitable for their needs. The doctor should also pay attention to the mother's concerns and take them into consideration during labor. The doctor should also be aware the time when a C section is required and be able in performing one in a safe manner.

Medical Malpractice

A baby's injury at birth could ruin the hopes of parents who have been waiting for this day for many years. Even a minor medical error can result in years of costly treatments, and a lifetime of lost potential for the injured child.

The best birth injury attorneys will scrutinize medical records to determine whether negligence occurred during the birthing process. Then, they will collaborate with medical experts to prove that this breach of duty by the health care professional resulted in your child's injury that could have been avoided.

Many lawyers will offer a free case review and work on a contingency fee basis, which means they do not get paid unless they are successful in your case. The top national law firms also have access to large databases of medical data and a team that includes nurse case managers as well as medical experts and other staff members who can strengthen your claim.

It is recommended that you hire an attorney as early as you possibly can. If you wait until your child is an adult to file a lawsuit you'll have less time to build an impressive case and the medical evidence supporting your claim could have long since expired. If you don't take action swiftly, the statute of limitation for filing a lawsuit for medical malpractice in your state may have passed.

Medical Bills

The medical bills for babies with spinal cord injury or other birth injuries that could be prevented are staggering. A successful legal action could lower some of these costs. A settlement or jury award may help pay for medical bills for your child and future ones as well as lost earnings due to having to stay home and take care of a baby who is injured. It could also cover emotional distress.

In deciding which attorney to select, it is important to inquire about how many cases they usually manage at one time and what their success rate with these types of claims. It is also important to look at the length of their experience in malpractice law, as that can affect how well they do in court, or when dealing with insurance companies.

It is an excellent idea to ask which medical experts will be involved in your case and what their opinion is on the possible reasons for the child's injury. Medical experts can offer an important perspective and can often make a difference in successfully winning a medical malpractice case.

Parents should also inquire as to what an attorney charges for their services. Like many personal injury lawyers attorneys, a birth injury lawyer should charge on a contingency fee basis. This means they will only receive an amount if they are successful in winning an award in the financial interest of the client.