14 Common Misconceptions Concerning Birth Injury Law

Birth Injury Lawyers

Parents who believe their child has suffered a birth injury attorney injury due to medical malpractice may be entitled to compensation. Making a claim can be difficult and requires a deadline, such as the statute or limitations.

A family's lawyer can help them review medical records, seek expert opinions and build solid evidence-based arguments. They can also handle communication with insurance companies and negotiate an equitable settlement.

Preventable Birth Injuries

Unfortunately, many birth injuries that occur could have been prevented. Certain injuries, whether triggered by negligence in the medical field or due to a natural problem won't heal on their own and can lead to life-long complications. Some may also require expensive treatments that are not covered by insurance. If an injury occurs, the initial emotions parents feel are typically sadness, anger, frustration and shock. They might also be wondering how this happened and whether it could have been avoided.

Birth injuries can be caused by any incident that takes place prior to, or after the birth. Some birth injuries are obvious such as a skull injury or damage to the spinal cord. Others will be obvious as the child gets older. Lack of cognitive development and motor growth are indicators of brain injury from birth injuries that could have been avoided.

Some birth injuries can also be avoided through regular OB/GYN appointments and careful monitoring of the pregnant mother. Parents must evaluate their risk factors and choose a doctor that is best for their needs. In addition, the doctor must listen to the mother and take her views into consideration during labor and birth. The doctor must be capable and willing to carry out C sections in a C section in a safe manner.

Medical Malpractice

When a baby is struck with an injury at birth it can shatter the dreams of parents who have looked forward to this day for a long time. Even a seemingly minor medical error could result in years of costly medical treatment, and a lifetime of loss of potential for the child injured.

The most skilled birth injury lawyers will analyze medical documents and other evidence to determine if there was any error during the birthing process. They will then consult with medical experts to prove that the breach of duty on behalf of the health professional led to the child's injuries.

Many lawyers offer a no-cost review of your case and operate on a contingent fee basis. This means they're not paid until they are successful in winning your case. The top law firms in the country also have access to large databases of medical information and the team includes nurse case managers as well as medical experts and Birth injury Lawyers other staff members that can strengthen your claim.

It is recommended that you hire an attorney as early as you possibly can. If you wait until the child is an adult before bringing a lawsuit you will have less time to build an argument that is convincing, and any medical documents supporting your claim might already have expired. If you do not act swiftly, the statute of limitation for filing a claim for medical malpractice in your state may have passed.

Medical Bills

Medical expenses for a child with a brain or spinal cord injury can be overwhelming. Fortunately the legal process is successful and can help reduce some of those costs. A settlement or a jury award can pay for medical expenses of your child and future ones as well as lost earnings due to having to stay at home to care for an injured baby. It can also cover emotional stress.

When choosing an attorney, it is essential to know how many cases they take on at a time and their rates of success in these types of claims. It is also important to look at their malpractice legal experience, since this could impact how they perform in court and when dealing with corporate insurers.

It is recommended to inquire about the medical experts that will be involved in your case and what their perspective is on the likely reasons for the child's injury. Medical experts can offer an important view and can often play a significant role in a successful medical malpractice case.

Parents should also inquire as to what the average cost of a lawyer for their services. A birth injury lawyer should also be charged on a contingent fee basis, just like most personal injury attorneys. This means that they are only paid if they receive an award of financial compensation on behalf of the client.