Why We Our Love For Birth Injury Law (And You Should, Too!)
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Parents who believe their child has suffered a birth injury due to medical malpractice may be entitled to compensation. However, submitting an claim is fraught with complexities and deadlines such as the statute of limitations.
A family's lawyer can help them review medical records, get expert opinions and construct an evidence-based case. They can also talk to insurance companies and negotiate an equitable settlement.
Preventable Birth Injuries
Sadly, many birth injuries that occur could have been prevented. It doesn't matter if it's due to medical negligence or a natural complication some injuries will not heal themselves and may cause long-term complications for the injured child. Some injuries will also require costly treatment that are not covered by insurance. The first emotions that parents experience are typically anger and frustration. They may also experience sadness and shock. They may also wonder how this occurred and if the injury could have been avoided.
Birth injuries can be caused by any incident that occurs prior to, or during the birth. Some birth injuries are obvious, like a skull injury, or spinal cord injury. Others will become apparent as the child ages. For instance an absence of motor development or cognitive delay could be signs of brain damage resulting from an injury that could be prevented at birth.
Certain birth injuries can be prevented through regular OB/GYN appointments and careful monitoring of the pregnant mother. Parents should evaluate their risk factors and select the best doctor suitable for their requirements. Additionally, the doctor should listen to the mother and take her concerns into consideration during labor and birth. The doctor should also know the time when a C section is required and be able to perform one in a safe manner.
Medical Malpractice
If a baby is injured or suffers an injury at birth it could end up destroying the dreams of parents who have looked forward to this day for decades. Even a minor medical mistake can result in costly treatment for years and a life-long loss of potential for the child.
The top birth injury lawyers will review medical records and other evidence to determine if there was any carelessness during the birthing process. Then, they will work with medical experts to show that this breach of duty by the health care professional resulted in the child's injuries that could have been prevented.
Many lawyers will offer an initial free case assessment and they work on a contingency fee basis, meaning they do not receive a payment unless they are successful in your case. Also, the top national law firms have access medical databases, as well as a staff of staff members, including nurse case managers and medical experts who can assist you to strengthen your claim.
It is recommended that you hire a lawyer as early as you possibly can. If you wait until your child is an adult before bringing a suit it will take less time to construct an argument that is convincing and any medical evidence supporting your claim may already expired. If you don't act quickly, you could miss the deadline for filing a medical malpractice claim in your state.
Medical Bills
The medical costs of a child with a spinal cord injury can be enormous. Fortunately that a successful legal case could help lower some of those costs. A settlement or a jury award can help pay for your child's present and future medical expenses, lost wages due to being at home with the injured child, as well as emotional distress.
When choosing which attorney to select for your case, you should inquire about the number of cases they handle at any given time, and what their success rate with these types of claims. It is also important to look at their malpractice legal experience, since this could affect how they perform in court and when negotiating with corporate insurance companies.
Asking which medical experts are going to be working on your case, and what they think about the likely causes of the injury to the child is a good idea. Medical experts can provide a crucial perspective and often make a difference in successfully winning a medical malpractice case.
Parents should also be sure to inquire as to what a lawyer usually charges for their services. Similar to most personal injury lawyers however, a birth injury lawyer should charge on a contingency fee basis. This means they only get payment if they get a financial award for the client.
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