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Parents who believe that their child suffered birth injuries due to medical malpractice could be entitled to compensation. However, filing a claim comes with many complications and deadlines, such as the statute of limitations.
A family lawyer can help review medical records, get experts' opinions and develop an evidence-based case. They can also handle correspondence with insurance companies and negotiate a fair settlement.
Preventable Birth Injuries
Unfortunately, many birth injuries could have been avoided. Certain injuries, whether triggered by negligence in the medical field or an unnatural issue are not able to heal themselves and may cause life-long complications. Some may also require expensive treatments that may not be covered by insurance. The first emotions that a parent experiences are usually anger and frustration. They may also feel sadness and shock. They may also wonder what happened and if this could have been prevented.
A birth injury could be caused by anything that happens prior to, during, or during delivery. Some birth injury lawyer injuries are obvious, like a skull fracture or damage to the spinal cord. Certain conditions will become apparent as the child gets older. The lack of cognitive development and motor development are signs of brain injury due to a birth injury that could have been avoided.
Certain birth injuries can be avoided by monitoring the mother during pregnancy and by regular OB-GYN visits. Parents should evaluate their risk factors and choose the doctor who is best for their needs. In addition, the doctor should listen to the mother and take her concerns into consideration during labor and delivery. The doctor should also be aware when a C-section is required and be able to perform one safely.
Medical Malpractice
When a baby is struck with an injury during birth it could end up destroying the dreams of parents who have longed to this day for years. Even a seemingly minor medical error could cause years of costly medical treatment, and a lifetime of loss of potential for the injured child.
The top birth injury lawyers will look over medical records and other evidence to determine if there was carelessness during the birthing process. They will then collaborate with medical experts in order to establish that the negligence on the part of the health professional resulted in your child's injuries.
Many lawyers will offer an initial free case assessment and are paid on a contingency basis, which means that they are not paid until they are successful in your case. The top law firms in the country also have access databases of medical information as well as the team includes nurse case managers and Birth injury Lawyers medical experts, as well as other staff members who can make your case stronger.
It is best to hire an attorney as soon as you can. If you do not wait until your child becomes an adult to bring a lawsuit then you'll have less time to build a strong claim and the medical evidence supporting your claim could have expired long ago. If you do not take action promptly, the time of limitation for filing a lawsuit for medical malpractice in your state may have passed.
Medical Bills
The medical bills of babies with spinal cord injury or any other birth injuries that are preventable can be overwhelming. A successful legal claim may reduce some of these bills. A settlement or jury award could pay for medical expenses of your child and future ones as well as lost earnings due to having stay at home to care for an injured baby. It can also cover emotional trauma.
When selecting an attorney, it's important to find out how many cases they deal with at a time and their rate of success with these kinds of claims. It is also important to take into account their experience in the field of malpractice law as they can impact how they perform in court or when dealing with insurance companies.
It is also a good idea to inquire about the medical experts that will be involved in your case and what their perspective is regarding the potential causes of the child's injury. Medical experts can offer a crucial perspective and often make a difference in successfully winning a medical malpractice case.
Parents should also inquire about what an attorney charges for their services. Like many personal injury lawyers, a birth injury attorney should charge on a contingency fee basis. This means that they are only paid if they receive a financial award on behalf of the client.
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