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Parents who believe that their child has suffered a birth injury (like it) because of medical malpractice could be entitled to compensation. The process of filing a claim can be complicated and has deadlines which include the statute of limitations.
A family lawyer can review medical records, get expert opinions and build an evidence-based case. They can also manage communications with insurance companies and negotiate an acceptable settlement.
Birth Injury Prevention
Unfortunately, many birth injuries could have been prevented. The reason for this is due to negligence by a medical professional or a natural complication, certain injuries cannot heal themselves and can result in long-term problems for the injured child. Some injuries will also require costly treatment that aren't covered by insurance. When an injury occurs, the first feelings that parents experience are typically sadness, anger, frustration, and shock. They may also wonder why this happened and whether it could have been avoided.
Birth injuries can be caused by any incident that occurs prior to, during or after delivery. Some birth injuries are obvious like a skull injury or spinal cord injury. Others will be apparent as the child ages. For instance the lack of motor development or birth injuries cognitive issues could be a sign of brain damage resulting from an injury that could be prevented at birth.
Certain birth injuries can be prevented by ensuring the mother during pregnancy, and through regular OB-GYN appointments. Parents should assess their risk factors and choose a doctor who is most appropriate for their requirements. The doctor should also listen to the mother's concerns and take them into consideration during labor. The doctor should be capable and willing to perform a C section in a safe manner.
Medical Malpractice
When a baby suffers an injury in the birth process it could end up destroying the dreams of parents who have been looking forward to the day of birth for decades. Even a minor medical issue can cause years of costly treatment and a lifetime of lost potential for the child injured.
The most skilled birth injury lawyers will examine medical records and other evidence to determine if there was any negligence during the birthing process. They will then collaborate with medical experts in order to establish that the negligence on the part of the health care professional triggered the injuries of your child.
Many lawyers will offer an evaluation of your case for free and they work on a contingency fee basis, which means that they do not receive a payment unless they are successful in your case. Also the top law firms have access to large medical databases and a group of staff members that include medical experts who can help strengthen your claim.
It is best to hire an attorney as early as you possibly can. If you wait until your child is an adult before bringing a suit, there will be less time to develop an effective case and any medical documentation that support your claim could have expired. If you aren't quick enough in time, [empty] you could miss the statute of limitations for filing a medical malpractice claim in your state.
Medical Bills
The medical expenses for infants suffering from spinal cord injury or other birth injuries that can be prevented could be shocking. A successful legal case could lower the cost of these injuries. A settlement or jury award may be able to pay for your child's medical expenses, including future ones, as well as lost income due to having stay home and take care of a baby who is injured. It can also help with emotional trauma.
When selecting an attorney it is important to know the number of cases they handle at any given time and their rates of success in these types of claims. It is also crucial to take into account their years of experience in the field of malpractice law as that can affect how well they do in court, or when negotiating with corporate insurance companies.
The question of which medical professionals will be working on your case and what they think about the possible causes for the injury to the child is a good idea. Medical experts can provide a unique viewpoint and can often make a difference when it comes to winning an action for medical malpractice.
Parents should also inquire as to what an attorney's average price for their services. As with most personal injury lawyers an attorney for birth injuries should be charged on a contingency basis. This means that they only get payment if they get a financial award for the client.
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