The History Of Birth Injury Law
Birth Injury Lawyers
Parents who believe their child suffered birth injuries due to medical malpractice may be entitled to compensation. However, claiming a claim comes with many complications and deadlines, such as the time limit.
A family lawyer can review medical records, get experts' opinions and develop an evidence-based case. They can also handle correspondence with insurance companies and negotiate an acceptable settlement.
Prevention of Birth Injuries
Sadly, many birth injuries that occur could have been prevented. The reason for this is due to negligence by a medical professional or a natural complication certain injuries cannot heal on their own and may result in life-long issues for the child injured. Some injuries require expensive treatment options that are not covered by insurance. The first feelings parents experience are typically anger and frustration. They might also experience sadness and shock. They may also wonder how this happened and whether it could have been avoided.
A birth injury can be caused by anything that occurs prior to or during delivery. Some are obvious, such as an injury to the skull or a spinal cord injury. Certain conditions will become apparent as the child gets older. For instance the absence of motor development or cognitive delays could be signs of brain injury resulting from an injury to the birth injury law firm canal that is preventable.
Some birth injuries can also be avoided through regular OB/GYN visits and the careful monitoring of the mother's pregnancy. Parents must evaluate their risk factors and choose a doctor who is most appropriate for their requirements. The doctor should also pay attention to the mother's concerns and consider them during labor. The doctor must also know the time when a C section is required and be able perform one safely.
Medical Malpractice
When a baby suffers an injury during birth, it can shatter the dreams of parents who have looked forward to this day for a long time. Even a minor medical error could result in years of costly treatment, and a lifetime of lost potential for the injured child.
The best birth injury attorneys will scrutinize medical records to determine if negligence occurred during the birthing process. They will then work with medical experts to show that the breach of duty by a medical professional caused your child's preventable injuries.
Many attorneys offer a free evaluation of your case and they work on a contingent fee basis. This means that they will not paid until they have won your case. Additionally, the top national law firms have access medical databases as well as a team of staff members which includes medical experts who can help in proving your case.
It is recommended that you hire an attorney as early as you can. If you wait until the child is an adult before filing a lawsuit you will have less time to build an argument that is convincing and any medical records that support your claim could have expired. Furthermore, if don't act quickly you may miss the statute of limitations for filing a medical malpractice lawsuit in your state.
Medical Bills
The medical bills for infants suffering from brain injury, spinal cord injury or any other birth injuries that could be prevented are staggering. A successful legal claim may help reduce some of these expenses. A settlement or a jury award can be able to pay for your child's medical expenses and future ones and also lost wages due to having to stay home and take care of a baby who is injured. It may also cover emotional distress.
When choosing an attorney, it's important to find out how many cases they handle at the same time, and their success rate with these types of cases. It is important to also take into account their years of malpractice legal experience, since this can affect the way they conduct themselves in court and when negotiating with corporate insurance companies.
It is important to know which medical experts are going to be involved in your case and what they believe about the potential causes of the injury to the child is a good idea. Medical experts can provide an important view and can often can make the difference in successfully winning a medical malpractice case.
Parents should also inquire about what the average cost of a lawyer for their services. A birth injury lawyer should also charge on a contingent fee basis, like many personal injury attorneys. This means they will only receive a payment if they win an award in the financial interest of the client.
