14 Common Misconceptions Concerning Birth Injury Law

Birth Injury Lawyers

Parents who believe their child suffered birth injuries because of medical malpractice could be entitled to compensation. Filing a claim is complicated and is subject to deadlines, such as the statute of limitations.

A family lawyer can help examine medical records, seek expert opinions and construct an evidence-based case. They can also handle communication with insurance companies and birth injury attorneys negotiate a fair settlement.

Prevention of Birth Injuries

Sadly, a lot of birth injuries that happen could have been avoided. Whether due to medical negligence or a natural complication, certain injuries won't heal themselves and may result in life-long issues for the child. Some injuries require expensive treatments that may be not covered by insurance. When an accident occurs, the first feelings that parents experience are typically anger, frustration, sadness and shock. They may also wonder why this occurred and if the injury could have been prevented.

Birth injuries can be caused by any incident that occurs prior to, or during delivery. Some are obvious, like a skull fracture or spinal cord injury. Others will become apparent as the child gets older. The lack of cognitive development and motor skills are symptoms of brain injury caused by a birth injury which could have been avoided.

Some birth injuries can be avoided by monitoring the mother during pregnancy and through regular OB-GYN visits. Parents should consider their risk factors and choose the doctor best suited to their needs. The doctor should also listen to the mother's viewpoints and take them into consideration during labor. The doctor should also be competent and willing to perform a C section with care.

Medical Malpractice

When a baby suffers an injury during birth it could shatter the hopes of parents who have looked forward to this day for decades. Even a seemingly minor 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 examine medical records to determine if negligence took place during the birthing process. Then, they will collaborate with medical experts in proving that this breach of duty by a health care professional resulted in the child's injuries that could have been avoided.

Many attorneys offer a free review of your case and they work on a contingent fee basis. This means they're not paid until they win your case. The top national law firms also have access to large databases of medical information and a team of nurses that includes case managers and medical experts, as well as other staff members that can strengthen your claim.

It is recommended that you hire an attorney as soon as you are able to. If you wait until the child is an adult before bringing a lawsuit there will be less time to construct a convincing case, and any medical documents that support your claim could have expired. In addition, if you aren't quick enough, you could miss the deadline for filing a medical malpractice claim 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. A successful legal claim could lower some of these costs. A settlement or jury award could cover your child's medical bills and future ones as well as lost income due to having stay home and care for an injured baby. It may also cover emotional trauma.

When deciding on which attorney to work with it is crucial to ask how many cases they typically handle at any given time, and what their success rate is for those types of cases. It is important to also take into account their years of malpractice law experience, as this could affect the way they present themselves in court and when negotiating with corporate insurers.

It is recommended to inquire about the medical experts that will be working on your case and Birth Injury Attorneys what their advice on the possible reasons for the child's injury. Medical experts offer a valuable perspective and can be the difference in winning any case of medical malpractice.

Parents should also inquire about what a lawyer charges on average for their services. A birth injury law firms injury lawyer will charge on a contingent basis, just like most personal injury attorneys. This means that they only get an amount if they are successful in winning a financial award for their client.